Tennessee online notary: a second commission, a notary in Tennessee, a signer anywhere

What a Tennessee online notary is

The Tennessee Secretary of State answers this directly. Its FAQ, what is an online notary public, says the notary and the signer are not in the same place and interact remotely over the internet, using two-way video and audio conference technology.

The state also separates online notarization from electronic notarization. Its FAQ on e-notaries and remote online notaries says an e-notarization uses digital signatures but the signer meets the notary in person. A remote online notarization connects the two through audio and visual equipment, such as a webcam.

Our Tennessee scorecard grades the companies that sell video sessions. This page explains what the Tennessee commission itself allows, so you can tell whether a Tennessee notary can finish your document.

The second commission

The Secretary’s guide, how to become an online notary public, sets out who can get it.

• Only an active Tennessee notary public may apply. The online commission ends when the regular commission expires.
• The notary contracts with a technology vendor before applying. The vendor supplies the electronic seal and certificate, identity proofing and credential analysis, and storage of the audio-video recording. The state does not endorse a vendor.
• The application names the vendor, describes the technology, explains the electronic journal, and includes copies of the electronic seal and certificate.
• The guide lists a $75 initial application fee.

The guide cites the Online Notary Public Act, T.C.A. 8-16-301 and following, and the Department of State’s rules in Chapter 1360-07-03.

What that means for you: ask the notary whether they hold the online commission as well as a Tennessee commission. A Tennessee notary who offers a video call without it cannot finish an online notarization.

Where the notary and the signer can be

Tenn. Comp. R. & Regs. 1360-07-03-.03 is the rule for the session. It says personal appearance may be by electronic two-way audio and video, for online notarial acts involving electronic documents.

The notary must be physically located in Tennessee. The rule says the notary may act while in the state regardless of where the signer is. So a Tennessee online notary can notarize for someone in Nashville, in Ohio, or on a work trip, as long as the notary is in Tennessee.

The rule does not settle whether the office receiving your document will accept it. That is a separate question for that office.

How your identity is checked

Under the same rule, the notary confirms identity when the signature is taken. The notary may rely on personal knowledge of you. Otherwise the notary uses three things together:

1. Remote presentation of an unexpired, government-issued credential with your photo and signature. The rule says it may not be a military ID, and it must be capable of credential analysis.
2. Credential analysis of that ID, under rule 1360-07-03-.05.
3. Identity proofing, also under rule .05.

The rule adds that the notary may never identify you only because the notary recognizes your electronic signature. If you do not have a current ID that can be scanned, a video session in Tennessee is the wrong product. A mobile notary or a walk-in may have other options. What ID to bring anywhere is on what do you need to get something notarized.

What the certificate says

Rule .03 says the electronic certificate must identify you and the date, state the state and county where the notarization happened, say that the act was an online notarization, and name the type of act. If the receiving office asks how it can tell the act was done online, that line on the certificate is the answer.

The document decides if you need an acknowledgment or an oath. The difference is on what is a jurat.

Who keeps the record, and for how long

The notary keeps the records of each online notarization, safe and secure, for five years after the date of the notarization, and keeps a backup for five years as well. The Secretary’s FAQ on storage requirements says the same, and says a custodian or repository may hold the recordings if the journal says where they are.

Rule .03 says the record includes the recording of the audio-video session used for identity, and the type of ID presented. The records must be encrypted, with the Advanced Encryption Standard as the minimum.

Five years is shorter than some states. Massachusetts’ remote notarization law, c. 222, § 28, sets 10 years, once it is in use. Why the length of the record matters to our grades is on the methodology page.

Paper copies of an electronic document

A Tennessee online notarization produces an electronic document. Some offices want paper. Rule .03 lets an online notary certify a printed copy of an electronic record only if the notary can independently verify that it is a true and correct copy. Ask the receiving office which version it wants before you book.

Before you book

• Ask the receiving office whether it accepts an online notarization.
• Ask the notary or company whether the notary holds a Tennessee online commission, or a commission for remote acts from another state.
• Have the document as a complete electronic file, and a current photo ID that can be scanned.
• Ask for the total price before the session, including extra signers and seals.

How the call runs, in order, is on how a remote online notary works.

Next step

Compare video notaries for a Tennessee signer on the Tennessee scorecard, which also covers the documents a Tennessee desk may still want in person. Or start with the buttons below, ordered by grade.