Tennessee Adopts Emergency Rules Relating to its Online Notary Public Act
Effective immediately, the Tennessee Secretary of State has adopted emergency rules pertaining to its Online Notary Public Act. These rules outline the requirements for application for commissioning as an online notary public, the performance of notarial acts, and standards for online notarization.
Rule No. 1360-07-03-.02 allows a commissioned notary public to submit an application for commissioning as an online notary public. Upon submission of the application along with the required information as detailed in the rule and a $75.00 application fee, the Secretary of State may issue an online notary public commission to a qualified applicant.
Rule No 1360-07-03-.03 allows an online notary public to perform online notarial acts for electronic documents only by way of personal appearance. Personal appearance can be made by electronic two-way audio and video communication. In order to perform an online notarial act, the notary must be physically located in the state of Tennessee; the principal need not be physically located in the state of Tennessee. Identity verification of the principal may be made by personal knowledge of the notary, presentation of a government issued identification card, credential analysis as detailed in Rule 1360-07-03-.05, or identity proofing as set forth in Rule 1360-07-03-.05.
The notary public must also maintain an electronic record of all electronic documents notarized. The record shall contain the following information: the date and time of notarization; type of notarial act; type, title, and description of the document; printed name and address of each principal involved; evidence of the identity of the principal; a recording of the act; and any fee charged.
Rule 1360-07-03-.04 requires the use of an online notary seal that substantially complies with the design and requirements as depicted and outlined in the rule. The full text of the rules may be found at: https://publications.tnsosfiles.com/rules_filings/04-11-19.pdf
Adam Faria, JD, is a regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at Suffolk University Law School. He is admitted to the bar in Massachusetts and New Hampshire.
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