Tennessee - U.S. Notary Reference

Last Update: January 9, 2024

Notary Jurisdiction

Statewide (TCA 8-16-112).

Notary Term Length

Four years (TCA 8-16-103).

Notary Bond

$10,000 (TCA 8-16-104).

Notary Seal

Required (TCA 8-16-112 and 66-22-110).

Notary Journal

Required if the Notary or Notary’s employer charges a fee (TCA 8-21-1201[b]).

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Commissioning Official

Though the Governor of Tennessee approves the commissioning of the state’s Notaries (TCA 8-16- 102), the Secretary of State coordinates the issuance of these commissions with the county clerks (TCA 8- 16-106[a]), sets certain rules for Notaries regarding the official seal (TCA 8-16-114) and maintains records relating to Notary commissions.

Contact Information

1. Address: Tennessee Department of State
   Division of Publications Notary Section
   312 Rosa L. Parks Ave. Snodgrass Tower, 8th Floor
   Nashville, TN 37243-1102

2. Phone: 615-741-2650

3. Website: https://sos.tn.gov/notary-commissions

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Tennessee Code Annotated (TCA) Title 8, Chapter 16, “Notaries Public” and Title 66, Chapter 22, “Acknowledgment of Instruments.”

2. Rules: Rules regulating Notaries are found in the Rules and Regulations of the State of Tennessee (RRT) Chapter 1360-07-02 “Notary Publics” (sic) and 1360-07-03 “Online Notaries Public.”

3. Guidelines: Other guidelines for Notaries are in the “Tennessee Notary Public Handbook” (March 2006), available on the website.

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Commission Process

1. Qualifications: An applicant for a commission as a Tennessee Notary Public must:
   (a) be at least 18 years old,
   (b) be a resident of or maintain a principal place of business in a Tennessee county and
   (c) be a United States citizen or a legal permanent resident (TCA 8-16-101[a] and 8-18-101).
   No one may serve as a Notary who:
   (a) has been convicted of bribery, larceny or certain other offenses unless restored to citizenship,
   (b) has any unpaid judgments owing to the U.S. government, to Tennessee or to any Tennessee county, or
   (c) is a defaulter to the Tennessee treasury at the time of application.
   In addition, no one may serve as a Notary who is:
   (a) a member of the regular U.S. armed forces,
   (b) a member of Congress, or
   (c) a person holding any office of profit or trust under any foreign power, other state or the U.S. government (TCA 8-18-101).
   “Nothing contained within the provisions of § 5-5-102(c)(2), or any other law, shall be construed to prohibit a member of a county legislative body from also serving as a notary public; provided, that such member complies with the [other eligibility] requirements established within this part” (TCA 8-16- 101[b]).

2. Course: Not required.

3. Exam: Not required.

4. Application: According to the Secretary of State’s website, the application process for a Tennessee Notary is as follows:

   1. The applicant obtains a commission application from the county clerk in the county in which the applicant, at the time of application, resides or maintains his or her principal place of business.

   2. The applicant completes the application. On the application, the applicant must certify under penalty of perjury before a Notary that he or she has never: (a) been removed from office as a Notary for official misconduct, (b) had a notarial commission revoked or suspended or (c) been found by a court to have engaged in the unauthorized practice of law (TCA 8-16-101[c]).

   3. The applicant submits to the county clerk the completed, signed and notarized application and the application fee of $12, of which $7 is for the county clerk and $5 is for the Secretary of State (TCA 8-16- 106).

   4. The county legislative body in the county in which the applicant, at the time of election, resides or maintains his or her principal place of business elects the applicant as a Notary (TCA 8-16-101[a]).

   5. The applicant secures a $10,000 bond, either executed by a surety company authorized to do business in Tennessee or with two or more personal sureties approved by the county legislative body. The applicant then files the bond with the county clerk (TCA 8-16-104).

   6. The county clerk certifies the election of the applicant and forwards the certification and the $5 fee to the Secretary of State. The Secretary of State prepares, records and forwards to the county clerk the Notary commission, signed by the Governor and the Secretary of State. The county clerk records the commission and notifies the applicant that the commission has been received (TCA 8-16-106).

   7. The county clerk administers the oath of office (TCA 8-16-105) and then delivers the commission to the new Notary (TCA 8-16-107).

   8. The new Notary obtains a seal of office before performing notarial acts with the new commission. The county clerk may assist the Notary in procuring the seal.

5. Background Screening: Not required.

6. Nonresidents: A person with a principal place of business in any Tennessee county may be elected a Notary in that county even though the person’s residence is in another state (TCA 8-16-101[a]).

7. Reappointment: The Notary commission renewal process is the same as for an original commission (website, “Notary FAQs”).

Online Notary Public Commission

1. Requirements: “(a) A person who has been commissioned as a notary public may apply to the secretary of state to be commissioned as an online notary public in the manner provided by this section.
   “(b) A person qualifies to be commissioned as an online notary public by:
   “(1) Satisfying the qualification requirements for appointment as a notary public under part 1 of this chapter; and
   “(2) Submitting to the secretary of state an application in the form prescribed by the secretary of state that satisfies the secretary of state that the applicant is qualified.
   “(c) The application required by subsection (b) must include:
   “(1) The applicant’s legal name as listed in the records of the county where the applicant is commissioned as a notary;
   “(2) The applicant’s physical address in this state, which includes the street address, city, state, and zip code. However, the applicant may provide a post office box number for purposes of receiving mail from the secretary of state;
   “(3) A valid email address for the applicant;
   “(4) A valid telephone number of the applicant;
   “(5) The county in this state where the notary was commissioned as well as the date the notary was commissioned and the date the notary commission expires;
   “(6) Any other information deemed necessary by the secretary of state for the purpose of determining whether the applicant qualifies to become an online notary; and
   “(7) A certification that the applicant will comply with the secretary of state’s standards promulgated pursuant to § 8-16-305.
   “(d) The secretary of state may charge a fee for an application submitted under this section not to exceed an amount necessary to administer this part” (TCA 8-16-306).
   “A notary public who has been properly commissioned to conduct online notarizations may complete authorized notarial acts by means of an electronic interactive two-way audio and video communication that meets the following requirements. An online notarization may not be performed by an individual who has not been commissioned as an online notary public by the Department of State” (RRT 1360-07-03-.01[1]).

2. Application: The Rules and Regulations of the State of Tennessee prescribe the information required to be provided in an application for an online Notary Public commission (RRT 1360-07-03-.02[1]). An applicant must provide information, as specified, related to the vendor and electronic technology or technologies the applicant will use to perform online notarizations, certify that he or she will comply with the Secretary of State’s standards for online notarization and submit a $75 application fee. Upon complying with the requirements, the Secretary will issue an online Notary Public commission to the applicant (RRT 1360-07-03-.02[1] and [3]).
   An online Notary may renew his or her online Notary Public commission by qualifying for and filing an application for renewal in the same manner and form as the initial application. The application must be received by the Secretary of State no later than the date of expiration of the online Notary’s current Notary Public commission (RRT 1360-07-03-.02[3]).

3. Termination of Online Commission: “(a) The secretary of state shall terminate the commission of an online notary public if the online notary fails to comply with this chapter.
   “(b) Except as provided in subsection (c), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public’s official electronic signature or seal. The online notary public shall certify compliance with this subsection (b) to the secretary of state as provided in rule.
   “(c) A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in subsection (b) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three (3) months after the former commission terminated” (TCA 8-16-312).

Online Search

On the Department of State website, the database of Notaries may be searched by name to find a Notary’s county of election and commission expiration date. “This database reflects information about Notary Commissions issued by the Secretary of State, but does not reflect whether the persons elected have thereafter taken the oath of office and executed the bond required for such county officials, and does not reflect their current status. For information concerning the status of such persons, please contact the appropriate County Clerk’s office” (website, “Search Notary Commissions”). A separate Excel spreadsheet on the website discloses Notary addresses.

Jurisdiction

“A Tennessee notary public is authorized to act in any county in the state …” (TCA 8-16-112). Prior to July 1, 1993, there were two kinds of Notary: at-large Notaries with statewide powers, and Notaries with only countywide authority. On that date, however, all Tennessee Notaries became Notaries Public for the State of Tennessee, with authority to notarize in any county of the state (TCA 8-16-113).

Term Length

“The term of office of notaries public shall be four (4) years, such term to begin on the date of the issuance of their commissions by the governor” (TCA 8-16-103).

Bond

1. Requirement: “Every notary public, before entering upon the duties of office, shall give bond executed by a surety company authorized to do business in this state. If a notary public cannot obtain a bond executed by a surety company authorized to do business in this state, the county legislative body may approve two (2) or more good sureties in lieu of a bond from a surety company. The bond must be in the penalty amount of ten thousand dollars ($10,000), payable to this state, conditioned upon the faithful discharge of the notary's duties. The notary public shall present the executed official bond to the county clerk in the county where elected. The county clerk shall review the bond presented by the notary public for compliance with this section, and upon the clerk's satisfaction of compliance with this section, shall file the bond in the office of the county clerk. A person elected a notary public that performs an official act as a notary public prior to filing a bond as required by this section commits a Class C misdemeanor” (TCA 8-16-104).

2. Liability of Notary: “If the clerk or other officer who takes the … acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county in which the clerk or officer resides … and the clerk or officer shall, moreover, be liable to the party injured for all damages the clerk or officer may sustain by such failure or refusal, together with costs …” (TCA 66-22-113).

Changes of Status

1. Address or Name Change: “If a notary public’s surname changes, or if a notary public moves such notary’s residence or principal place of business out of the county from which the notary was elected and commissioned to another county in Tennessee, the notary shall notify the county clerk of the county from which the notary was elected and commissioned and shall pay to such county clerk a fee of seven dollars ($7.00). The county clerk shall thereupon notify the secretary of state of the change of address or name change and forward to the secretary of state two dollars ($2.00) of the seven dollar ($7.00) fee received from the notary” (TCA 8-16-109).
   “If a notary public moves such notary’s residence or principal place of business out of the state of Tennessee, such notary is no longer qualified to act as a Tennessee notary public and shall surrender such notary’s commission. It is an offense for any person who has been commissioned as a Tennessee notary public to take acknowledgments or otherwise act in an official capacity after moving out of the state of Tennessee. A violation of this section is a Class C misdemeanor” (TCA 8-16-110).

2. Online Notaries: “If at any time the online notary public adopts a new or additional technology or vendor with which to perform online notarial acts, the online notary public must notify the Department of State of the new or additional technology, signature and/or seal, as well as any additional information that may be requested by the Department of State” (RRT 1360-07-03-.04[8]).

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Authorized Acts

1. Notarial Acts: Tennessee Notaries are authorized to perform the following notarial acts:

   1. Take acknowledgments (TCA 8-16-112 and 66-22-102) and proofs (TCA 66-22-101);

   2. Administer oaths and affirmations (TCA 8-16-112);

   3. Take depositions (TCA 8-16-112 and 24-9-135);

   4. Take affidavits (TCA 8-16-112);

   5. Protest negotiable instruments (TCA 24-5-105 and 47-3-505[b]);

   6. Qualify parties to bills in chancery (TCA 8-16-112 and 21-1-102);

   7. Perform marriage ceremonies (TCA 36-3-301[a][1]).

2. Remote Notarial Acts: Tennesseee Notaries who have obtained an Online Notary Public commission may perform any of the notarial acts listed above remotely.

Acknowledgments

“An acknowledgement of the type required by Tenn. Code Ann. §§ 66-22-101 through -114 is for the purpose of authenticating an instrument for registration. It authenticates the due execution of a document and is the formal statement of the person signing the document that his signature was freely done.

An acknowledgement should be distinguished from a verification. An acknowledgement establishes the proper execution of the document while a verification establishes the truth of the document’s contents” (D.T. McCall & Sons v. Seagraves, 796 S.W.2d 457 [Tenn.App. 1990]).

Acknowledgers of documents must be identified either through personal knowledge or satisfactory evidence; see “Identification” below.

Proofs

“Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person’s original signature and such signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses” (TCA 66-22-101).

Oaths

Definition: “‘Oath’ includes affirmation” (TCA 1-3-105[18]).

Depositions

“Depositions taken in this state that are to be used in its courts shall be taken before…[a] notary public…” (TCA 24-9-135).

“Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony” (Tennessee Rules of Civil Procedure, Rule 28.01).

“Unless all of the parties have entered into a written stipulation otherwise pursuant to Rule 29 of the Tennessee Rules of Civil Procedure, a deposition shall not be taken before a person who is:
”(1) A party to the action or an attorney for one (1) of the parties;
”(2) A relative, including a spouse, of one (1) of the parties or of an attorney for one (1) of the parties;
”(3) An employee of one (1) of the parties or of an attorney for one (1) of the parties. As used in this subdivision (a)(3), ‘employee’ includes a person who has a contractual relationship with a person or entity interested in the outcome of the litigation, including anyone who may ultimately be responsible for payment to provide reporting or other court services, and a person who is employed part-time or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services; provided, however, that this subdivision (a)(3) shall not restrict in any way the ability of an attorney or a pro se litigant to hire court reporting services on a case-by-case basis in any case where the attorney is not a party, nor restrict an attorney from reimbursement for such court reporting services;
”(4) Someone who has, or has had during the past two (2) years, a sexual relationship with one (1) of the parties or with an attorney for one (1) of the parties; or
”(5) Someone with a financial interest in the action or its outcome” (TCA 24-9-136[a]).
“The person before whom a deposition is to be taken shall disclose to the parties in a timely fashion the existence of any facts known to the person that are relevant to factors set forth in subsection (a)” (TCA 24-9-136[b][1]).
“A person commits a Class C misdemeanor who takes a deposition and knowingly fails or refuses to disclose any facts required by subdivision (b)(1)” (TCA 24-9-136[b][2]).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (TCA 47-3-505[b]).

2. Requirements: “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (TCA 47-3-505[b]).
   “The certificate of a notary public in or on the notary’s protest, that such notary public has given the parties to negotiable paper notice of the dishonor, is prima facie evidence of the facts stated in the certificate; and, in like manner, entries in such notary public’s books to the same effect are prima facie evidence, in case of the notary’s death, of the facts therein stated” (TCA 24-5-103).

Bills in Chancery

“Bills required to be under oath may be sworn to in the state before any judge, clerk of a court, general sessions judge or notary public, whose attestation shall be deemed evidence of the fact. Bills required to be under oath may be sworn to out of the state, before a notary public, or a commissioner for this state, whose attestation shall be accompanied by the notary public’s or commissioner’s seal of office, or before a judge of the state, whose official character shall be attested by the clerk of the court in which the judge presides” (TCA 21-1-102).

Marriage Ceremonies

1. Authorization: “All regular ministers, preachers, pastors, priests, rabbis and other spiritual leaders of every religious belief, more than eighteen (18) years of age, having the care of souls, and all members of the county legislative bodies, county mayors, judges, chancellors, former chancellors and former judges of this state, former county executives or county mayors of this state, former members of quarterly county courts or county commissions, the governor, the speaker of the senate and former speakers of the senate, the speaker of the house of representatives and former speakers of the house of representatives, members of the general assembly who have filed notice pursuant to subsection (l), law enforcement chaplains duly appointed by the heads of authorized state and local law enforcement agencies, members of the legislative body of any municipality in this state, the county clerk of each county, former county clerks of this state who occupied the office of county clerk on or after July 1, 2014, notaries public, and the mayor of any municipality in this state may solemnize the rite of matrimony” (TCA 36-3-301[a][1]).

2. Marriage License: “Before being joined in marriage, the parties shall present to the minister or officer a license under the hand of a county clerk in this state, directed to such minister or officer, authorizing the solemnization of a marriage between the parties. Such license shall be valid for thirty (30) days from its issuance by the clerk” (TCA 36-3-103[a]).
   “One authorized by [TCA] § 36-3-301 who solemnizes the rite of matrimony shall endorse on the license the fact and time of the marriage, and sign the license, and return it to the county clerk within three (3) days from the date of marriage. Every person who fails to make such return of the license commits a Class C misdemeanor” (TCA 36-3-303[a]).

3. Formula for Vows: “No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife” (TCA 36-3-302[a]).

4. Improper Ceremony of Incapable Parties: “Any such minister or officer who knowingly joins together in matrimony two (2) persons not capable thereof commits a Class C misdemeanor and shall also forfeit and pay the sum of five hundred dollars ($500), to be recovered by action of debt, for the use of the person suing” (TCA 36-3-305).

5. Nicknames: “Any marriage that may have been or may be celebrated between persons, by license regularly issued, is valid, and the issue thereof is declared legitimate, although the baptismal name of either party may be omitted in the license, or a nickname be used instead thereof; provided, that the parties have consummated the marriage by cohabitation, and can be identified as the persons between whom such marriage was solemnized” (TCA 36-3-307).

Copy Certification of Tangible Copy of Electronic Record

Authorization: Chapter 181 (House Bill 633) of 2021 authorizes Notaries to take the oath or affirmation of an attorney or custodian of the original document that a paper printout of an electronic record is a true copy (TCA 66-24-101(d)(3)). Unlike many so-called “paper printout copy certification” statutes which authorize a Notary to certify that a paper printout of an electronic record is a true copy, the new law requires an attorney or private custodian of the paper document to make the certification and have it sworn to or affirmed before a Notary. See “Certificate of Notarial Act,” below for a certificate for this notarial act.

Remote Notarial Acts

Definition: “‘Online notarization’ means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16305” (TCA 8-16-302[10]).

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Personal Appearance

1. Definition: “‘Appear’ or ‘appearance’ or ‘personally appear’ means:
   “(A) Appearing physically before a notary public; or
   “(B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state” (TCA 8-16-302[1]).

2. Notarial Acts: There is no explicity statute requiring an individual for whom a notarial act is performed to appear personally before a Notary or notarial officer; however, the notarial certificate forms that a Notary or notarial officer completes to evidence a notarial act recites that the individual for whom the notarial act is performed appeared personally before the Notary or notarial officer. (See “Certificate Forms” under “Certificate of Notarial Act,” below).

3. Remote Notarial Acts: “An online notary public may perform authorized online notarial acts relating to electronic documents only if the principal personally appears before the online notary public at the time of the notarization; however, such personal appearance may be by means of an electronic two-way audio and video communication” (RRT 1360-07-03-.03[1]).

Identification

1. Notarial Acts: By law, individuals acknowledging their signatures on documents must be identified either through personal knowledge or satisfactory evidence (TCA 8-16-112), as defined below.

   1. Personal Knowledge: “For purposes of this chapter, ‘know’ or ‘personally acquainted with’ means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual’s identity with at least reasonable certainty” (TCA 66-22-106[b]).
      In addition, the ruling in Figuers v. Fly, 137 Tenn. 358, 193 S.W. 117 (1916), may be helpful: “The phrase ‘with whom I am personally acquainted’ in ... a [notarial] certificate means a knowledge independent and complete in itself, and existing without other information, and it imports more than a slight or superficial knowledge.”

   2. Satisfactory Evidence: “For the purposes of this chapter ‘satisfactory evidence’ means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and any one (1) of the following:
      “1. The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness.
      “2. Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (5) years:
      “A. An identification card or driver’s license issued by the department of safety; or
      “B. A passport issued by the United States department of state.
      “3. Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and, in the event that the document is a passport, has been stamped by the United States immigration and naturalization service:
      “A. A passport issued by a foreign government;
      “B. A driver’s license issued by a state other than Tennessee;
      “C. An identification card issued by a state other than Tennessee; or
      “D. An identification card issued by any branch of the armed forces of the United States” (TCA 66- 22-106[c]).

2. Remote Notarial Acts

   1. Definitions

      1. “‘Remote presentation’ means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to: (A) Identify the individual seeking the online notary public’s services; and (B) Perform credential analysis” (TCA 8-16-302[13]).

      2. “‘Credential analysis’ means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources” (TCA 8-16-302[2]).

      3. “‘Identity proofing’ means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources” (TCA 8-16-302[8]).

   2. Requirement: “In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this part and rules promulgated pursuant to this part. Identity may be verified by:
      “(1) The online notary public’s personal knowledge of the person creating the electronic signature; or
      “(2)
      ”(A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person;
      “(B) Credential analysis of the credential described in subdivision (a)(2)(A); and
      “(C) Identity proofing of the person described in subdivision (a)(2)(A)” (TCA 8-16-310[a]).

   3. Remote Presentation: Remote presentation is satisfied by the principal presenting remotely a non-military, government-issued credential, which is an identification card or other document issued by the United States government, any state government, or a passport issued by a foreign government that has been stamped by the United States immigration and naturalization service, is unexpired, contains the signature and a photograph of the principal, and is capable of credential analysis (TCA 8-16-310[a][2][A]; RRT 1360-07-03-.03[4][a]).

   4. Credential Analysis: “A credential is a non-military identification card or other document issued by the United States government, any state government, or a passport issued by a foreign government that has been stamped by the United States immigration and naturalization service. In order to be valid, the credential must also be unexpired and contain the photograph and signature of the principal. Credential analysis is the process by which the validity of a non-military government-issued identification credential is verified. Credential analysis is performed utilizing public and proprietary data sources to verify the credential presented by the principal. Credential analysis shall, at a minimum:
      ”(a) Use automated processes to aid the online notary public in verifying the identity of a principal;
      ”(b)  Ensure that the credential passes an authenticity test, consistent with sound commercial practices that:
      ”1. Use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;
      ”2. Use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified;
      ”3. Use reasonable efforts to utilize information held or published by the issuing source or authoritative source(s), as made generally available for commercial purposes, to confirm the validity of personal details and credential details; and
      ”4. Provide output of the authenticity test to the online notary public; and
      ”(c) Enable the online notary public to visually compare the following for consistency: the information and photo presented on the credential itself and the principal as viewed by the online notary public in real time through audio-visual transmission” (RRT 1360-07-03-.05[2]).

   5. Identity Proofing: “Identity proofing is the process by which the identity of an individual is affirmed by a third party through review of public and proprietary data sources. Identity proofing is performed through dynamic Knowledge Based Authentication (KBA) which meets the following requirements:
      ”(a) The principal must answer a quiz consisting of a minimum of five (5) questions related to the principal’s personal history or identity, formulated from public and proprietary data sources;
      ”(b) Each question must have a minimum of five (5) possible answer choices;
      ”(c) At least 80% of questions must be answered correctly;
      ”(d) All questions must be answered within two (2) minutes;
      ”(e) If the principal fails in his or her first attempt, the principal may retake the quiz one time within 24 hours;
      ”(f) During the second attempt, a minimum of 60% of the prior questions must be replaced; and
      ”(g) If the principal fails in his or her second attempt, the principal is not permitted to retry with the same online notary public for a period of 24 hours” (RRT 1360-07-03-.05[3]).

   6. Interrupted Act: “If the principal must exit the workflow, the principal must meet the criteria outlined in this section and must restart the identity proofing and credential analysis from the beginning” (RRT 1360-07-03-.05[4]).

Signature by Mark

“‘Signature’ or ‘signed’ includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed” (TCA 1-3-105[30]).

“‘Subscription’ includes a mark, the name being written near the mark and witnessed” (TCA 1-3- 105[32]).

Disqualifying Interest

1. Personal: Opinion No. 10-97 (September 13, 2010) of the Tennessee Attorney General states with respect to Notaries taking acknowledgments: “The Tennessee Supreme Court has recognized that it is unwise and contrary to public policy for any officer to take an acknowledgment to any instrument to which he is a party, or in which he is interested directly or indirectly. In either event the officer should be disinterested and entirely impartial, as between the parties…. Acknowledgments before parties related or interested are voidable, but not ipso facto void; and, while such acknowledgments will not per se be declared void, still they are open to attack, and the court will lend a ready ear to evidence of undue advantage, fraud, or oppression arising out of the fact of such relationship or interest in the officer taking the acknowledgment.”

2. Relatives: The Tennessee Attorney General’s opinion of September 13, 2010, cited above, specifically addressed the following question: “Can a notary public notarize his or her spouse’s signature?” The opinion responded as follows to this question: “No. It is the opinion of this Office that a notary public is prohibited from notarizing his or her spouse’s signature because of the requirement that notaries discharge the duties of office ‘without favor or partiality.’ Tenn. Code Ann. Sec. 8-16-105. The spousal relationship prevents the notary public from being impartial in the matter. The notarization of a spouse’s signature would not, however, be void per se, but it would be voidable upon evidence of undue advantage, fraud, or oppression arising out of the fact of such relationship.”

Advertisements

1. Mandatory Notice: “A notary public who is not an attorney licensed to practice law in this state who advertises in any language the person’s services as a notary public by radio, television, signs, pamphlets, newspapers, telephone directory or other written or oral communication, or in any other matter, shall include with such advertisement the notice set forth in this section in English and in the language used in the advertisement. The notice shall be of conspicuous size and shall state: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’
   “An advertisement on radio or television must include substantially the same message” (TCA 8-16- 401).

2. Immigration: “A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the board of immigration appeals pursuant to 8 CFR § 292.2(a-e) or any subsequent federal law” (TCA 8-16-402).
   Violations of the above constitute “unfair” or “deceptive” acts under TCA 47-18-104 (TCA 8-16- 403). The restrictions cited above do not, however, apply to Notaries employed by banks, trust companies or savings and loan associations, or to Notaries engaged in the closing of loans, the extension of credit or the transfer of title or security instruments (TCA 8-16-404).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Tennessee has adopted the Uniform Electronic Transactions Act (TCA 47-10-101 through 47-10- 123), including the provisions on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (TCA 47-10-111).

   2. Uniform Real Property Electronic Recording Act: Effective July 1, 2007, Tennessee has adopted its own version of the Uniform Real Property Electronic Recording Act (TCA 66-24-201 through 66-24-206), including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (TCA 66-24-203[c]).

   3. Tennessee Code Annotated Sections 8-16-112 and 8-16-114: These two statutes in Tennessee’s Notary statutes provide rules for a Notary’s electronic signature and seal. These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Legality of eSignature and eSeal: “The requirement of a notary public’s signature by in ink by the notary’s hand and a seal is satisfied if an electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature” (TCA 8-16-112[b]).
   “The requirement in [TCA 8-16-114] subsection (a) of an official seal of office or stamp imprinted in color ink is satisfied by an electronically transmitted document, if the document legibly reproduces the required elements of the seal. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (TCA 8-16-114[b]).”

4. Two Types of eDocument May Be Recorded: (1) The county register may register a copy of an electronic document if the writing is otherwise eligible for registration and the electronic document is certified as a true and correct copy of the original as required in subdivision (d)(3).
   “(2) For purposes of this section, an electronic document is defined as one of the following:
   “(A) A writing created or retained as an electronic record in accordance with the Uniform Electronic Transactions Act (UETA) … or the Uniform Real Property Electronic Recording Act (URPERA) …, as codified in this state or a substantially similar law of another state as defined in the URPERA, and transmitted to the county register electronically, or a paper copy of such an electronic record; or
   “(B) A writing that is a digitized image of a paper document (electronic copy) that is transmitted to the county register electronically.
   “(3) The certification of an electronic document shall be made by either a licensed attorney or the custodian of the electronic version of the document and the signature of that person shall be acknowledged by a notary public. The certification shall be transmitted with the electronic document and shall be recorded by the county register as a part of the document being registered” (TCA 66-24-101[d]).
   For the required certificate wording, see “Copy Certification of Electronic Document by Attorney or Custodian,” above.

Remote Notarial Acts

1. Applicable Law

   1. Online Notary Public Act: Effective July 1, 2019, Tennessee enacted the Online Notary Public Act as TCA Sections 8-16-301 through 8-16-313, authorizing Tennessee Notaries Public to apply to be commissioned as an online Notary and perform online notarizations. The provisions of the Act are summarized below.

   2. Rules and Regulations of the State of Tennessee, Chapter 1360-07-03: The Tennessee Secretary of State has adopted rules to implement the Online Notary Public Act. These rules are summarized below.

2. Technology Systems

   1. Requirements

      1. PKI Technology: “The online notary public must use technology from a third-party provider who has provided the online notary public with evidence of its ability to provide an electronic technology standard that utilizes Public Key Infrastructure (PKI) technology from a PKI service provider that is X.509 compliant” (RRT 1360-07-03-.04[5]).

      2. Communication Technology: “An online notarization system used to perform online notarial acts by means of two-way audio-video communication shall:
         (a) Provide for continuous, synchronous audio-visual feeds;
         (b) Provide sufficient video resolution and audio clarity to enable the online notary public and the principal to see and speak with each other simultaneously through live, real-time transmission;
         (c) Provide sufficient captured image resolution for credential analysis to be performed in accordance with these rules;
         (d) Include a means of authentication that reasonably ensures only authorized parties have access to the audio-video communication;
         (e) Provide some manner of ensuring that the electronic record presented for online notarization is the same record electronically signed by the principal;
         (f) Be capable of securely creating and storing or transmitting securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity proofing quiz and the means and methods used to generate the credential analysis output; and
         (g) Provide reasonable security measures to prevent unauthorized access to:
         ”1. The live transmission of the audio-video communication;
         ”2. A recording of the audio-video communication;
         ”3. The verification methods and credentials used to verify the identity of the principal; and
         ”4. The electronic documents presented for online notarization” (RRT 1360-07-03-.05[5]).

   2. Approval of System Providers: Not required.

   3. List of System Providers: Not provided.

3. Authority of Online Notary: “An online notary public:
   “(1) Is a notary public for purposes of this chapter, is subject to this chapter, and must be appointed and commissioned as a notary public under this chapter;
   “(2) May perform notarial acts as provided in part 1 of this chapter; and
   “(3) May perform an online notarization, without regard to the physical location of the principal, if the notary is physically located in this state” (TCA 8-16-307).

4. Location of Online Notary: “An online notary public may perform authorized notarial acts by means of an electronic interactive two-way audio and video communication only when the online notary public is physically located within this state, without regard to whether the principal is physically located in this state at the time of the online notarization” (RRT 1360-07-03-.03[2]).

5. Lack of Duress: “An online notary public shall require the principal to demonstrate, to the satisfaction of the online notary public, that such person is not under duress and is not otherwise being coerced to complete the transaction, in order to preserve the integrity, security, and authenticity of online notarizations. An online notary public is authorized to refuse to perform a notarial act when the online notary public has reasonable grounds to believe that the principal is acting under coercion or undue influence” (RRT 1360-07-03-.03[3]).

6. Refusal of Services: “The online notary public shall refuse to complete the performance of a notarial act where:
   “(a) The online notary public has reasonable grounds to believe that the principal is acting under coercion or undue influence;
   “(b) The online notary public is unable to verify the identity of the principal using the means and the standards identified in these rules;
   “(c) The online notary public becomes aware that the security of the two-way audio visual transmission is not secure;
   “(d) The signature of the principal cannot be attached to the electronic document; or
   “(e) The online notary public’s electronic notarial certificate and seal cannot be attached to the electronic document using an electronic technology which renders any subsequent change or modification to the document evident” (RRT 1360-07-03-.03[6]).

7. Privacy of Transmission: “The online notary public shall take reasonable steps to ensure that the two- way video and audio communication used in an online notarization is secure from unauthorized interception” (TCA 8-16-310[b]).

8. Tamper-Evident Technology: “An online notary public shall attach the online notary public’s electronic signature and electronic seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (TCA 8-16-309[d]).

9. Electronic Record of Remote Notarial Acts: For the requirement for an online Notary to keep an electronic record of each online notarization, see “Records of Notarial Acts,” below.

10. Validity of Remote Notarial Acts: “The validity of an online notarization performed by an online notary public of this state in accordance with this chapter shall be determined by applying the laws of this state” (TCA 8-16-310[d]).

11. Fees for Remote Notarial Acts: For the maximum fees Online Notaries may charge, see “Fees for Notarial Acts,” below.

12. Privacy and Confidentiality: “(9) The online notary public must take reasonable steps to ensure that the two-way video and audio communication used is encrypted during transmission, through means such as a virtual private network (VPN), and secure from unauthorized interception.
    ”(10)  The online notary public shall not disclose any access information used to affix the online notary public’s electronic notarial certificate, signature, and seal, except when requested by the Secretary of State, law enforcement, the courts, or pursuant to an agreement between the online notary public and an electronic documentation preparation and transmission vendor, which agreement shall have in place reasonable precautions to prevent the unauthorized release of access information.
    ”(11)  The online notary public should ensure that all records relating to any individual transaction are securely stored using the Advanced Encryption Standard (AES) as a minimum encryption standard and that the principal’s personally identifying information or any government-issued identification numbers cannot be accessed by unauthorized individuals. The online notary public should refrain from recording, or take steps to obscure from the recording, any identification number that was assigned to the principal by a governmental agency or by the United States and any other number(s) that could be used to identify the principal” (RRT 1360-07-03-.03[9]-[11]).

13. Electronic Record Copy Certification: “The online notary public may certify that a tangible copy of an electronic record is an accurate copy of the electronic record by also affixing his or her signature and seal to the copy of the electronic record in the traditional manner or other manner authorized by law, but only where the online notary public is capable of independently verifying the document is a true and correct copy of the electronic record” (RRT 1360-07-03-.03[13]).

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Certificate Forms

Statutory Tennesee notarial certificate forms appear below.

* In case the corporation or association has no corporate seal omit the words “the seal affixed to the instrument is the corporate seal of the corporation or association and that,” and add at the end of the affidavit clause, the words “and that the corporation (or association) has no corporate seal.”

Remote Notarial Certificate

1. Definition: “‘Electronic notarial certificate’ means the portion of a notarized electronic document that is completed by an online notary public and contains the following: (A) The online notary public’s electronic signature, electronic seal, title, and commission expiration date; (B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and (C) The facts attested to or certified by the online notary public in the particular notarization” (TCA 8-16-302[5]).

2. Indication of Remote Notarial Act: “The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization” (TCA 8-16-310[c]).
   “The electronic notarial certificate for an online notarization must contain a notation that the notarization is an online notarization, which may be satisfied by affixing the online notary public’s seal to the electronic notarial certificate. The acknowledgment contained within the electronic notarial certificate must also contain a statement that the principal ‘personally appeared before me by audio-video communication’ or ‘personally appeared by audio-video communication’ or ‘before me appeared by audio-video communication’” (RRT 1360-07-03-.04[6]).

3. Other Requirements: “The online notary public shall complete and attach an electronic notarial certificate to all written notarial acts that identifies the principal, the date of notarization, the state and county in which the notarization was performed, that the notarial act was an online notarization, and the type of notarial act performed. The electronic notarial certificate shall be signed by affixing or logically associating the online notary public’s electronic notarial certificate, electronic signature, and electronic seal in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (RRT 1360-07-03-.03[7]).

4. Electronic Signature and Seal: “An online notary public must attach or logically associate his or her electronic signature and seal to the electronic notarial certificate in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (RRT 1360-07-03-.04[4]).

Sufficiency of Acknowledgment Certificate

Opinion No. 91-92 (November 19, 1991) of the Tennessee Attorney General states: “Any certificate clearly evidencing intent to authenticate, acknowledge or verify a document shall constitute a valid certificate of acknowledgment for purposes of this chapter and for any other purpose for which such certificate may be used under the law. It is the legislative intent that no specific form or wording be required in such certificate and that the ownership of property, or the determination of any other right or obligation, shall not be affected by the inclusion or omission of any specific words.

“Certainly, use of the ‘magic words’ according to the forms recited in the statute will suffice. Thus, the phrases ‘personally known,’ ‘personally acquainted (or proved [to the notary] on the basis of satisfactory evidence)’ or ‘executed … for the purposes therein contained’ will always be preferred. The exact words and phrases, however, are simply not required. It must be emphasized, however, that the substance, in whatever form, is required. Consequently, where the form in the statute is not employed, some language to the same effect is still required in the certificate of acknowledgment.”

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Definition

“'Electronic seal' means information within a notarized electronic document that confirms the online notary public’s name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents” (TCA 8-16-320[6]).

Seal Requirement

1. Notarial Acts: “Furthermore, in all such cases the notary public’s seal shall be affixed and the notary public shall sign such documents in ink by the notary’s own hand unless otherwise provided by law” (TCA 8-16-112).
   “All acknowledgments shall be under the seal of office of the officer taking same” (TCA 66-22-110).

2. In-Person Electronic Notarial Acts: Not explicitly required.

3. Remote Notarial Acts: Required.
   “An online notary public shall attach the online notary public’s electronic signature and electronic seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (TCA 8-16-309[d]).
   “An online notary public must use the same electronic seal for all online notarial acts performed by the online notary public, and a copy of such seal must be provided to the Department of State at the time of the online notary public’s application for certification as an online notary public. The name on the online notary public seal must match the name, as stated on the application, under which the online notary public is commissioned and performs all notarial acts” (RRT 1360-07-03-.04[2]).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (TCA 66-24-203[c]).

Seal Format

1. Notarial Acts

   1. Inked Stamp: “The seal of office may be imprinted by a rubber or other type stamp. Such stamp shall imprint the seal of office in any color other than black or yellow, provided the color used to imprint the seal shall be clearly legible and appear as black when photocopied on a non-color copier” (TCA 8-16- 114[a]).
      Prior to May 12, 2003, and enactment of Chapter 106 (2003 Tennessee Public Acts), an embosser also was allowed as an official Notary seal.
      “Nothing in this subsection (a) shall be construed to require a notary public to procure such a rubber or other stamp or to use a particular color ink with the stamp prior to the expiration of the notary’s term of office, and all impression notary seals shall be valid for use until the end of the notary’s term of office.
      Notwithstanding any other provision of law or provision of this subsection (a) to the contrary, the use of an embossed notary seal after May 12, 2003, shall not render such an acknowledgment defective. No person shall incur any civil or criminal liability for failure to imprint the seal of office in a color required by this subsection (a) nor shall any document or title imprinted with a seal of the wrong color be invalid because of such failure” (TCA 8-16-114[a]).

   2. Shape/Size: Circular, with two concentric circles (RRT 1360-07-02-.01[1]).

   3. Components:

      1. If commissioned on or after July 1, 2004, Notary seals must substantially conform to the following format (RRT 1360-7-2-.01[1]):

         1. AT TOP: Name of Notary exactly as it appears on the commission;

         2. IN MIDDLE: “State of Tennessee Notary Public” or “Tennessee Notary Public”;

         3. AT BOTTOM: Name of Notary’s county of election.

      2. If commissioned before July 1, 2004, Notaries were allowed to use the prior circular seal design, but only until the end of their current four-year term of office (RRT 1360-07-02-.01[2]):

         1. AT TOP: name of Notary exactly as it appears on the commission;

         2. IN MIDDLE: “Notary Public at Large”;

         3. AT BOTTOM: Name of Notary’s county, “Tennessee.”

2. In-Person Electronic Notarial Acts: Not explicitly prescribed.

3. Remote Notarial Acts: “An online notary public shall use an electronic seal that substantially conforms to the following design: a circular, square, or rectangular seal with the notary public’s name as it appears on the commission printed at the top, the county of election printed at the bottom, the words “State of Tennessee Notary Public” or “Tennessee Notary Public” printed in the center, and the words “Online Notary Public” printed below. The electronic seal must also be accompanied by a statement of the date upon which the online notary public’s commission expires” (RRT 1360-07-03-.04[3]).

Example

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Tennessee law. Circular formats other than this may also be acceptable.

Open

Open

Obtaining a Seal

“At the notary public’s request, the county clerk may obtain an official seal or any part thereof for the notary public. Any county clerk providing this service may charge a fee not to exceed twenty percent (20%) of the cost of the seal or part obtained for the notary public” (TCA 8-16-114[c]).

Surrendering Seal

“Every notary public shall, at such notary’s own expense, procure a seal of office, which the notary shall surrender to the county legislative body when the notary resigns, or at the expiration of such notary public’s term of office, and which such notary’s representatives, in case of such notary’s death, shall likewise surrender, to be cancelled” (TCA 8-16-114[b]).

Signature of Notary

“The notary public shall sign ... documents in ink by the notary’s own hand unless otherwise provided by law” (TCA 8-16-112).

Commission Expiration Date

The Notary’s commission expiration date must appear on every acknowledgment certificate (TCA 8-16-112). According to the Department of State’s prescribed seal design, however, it may not appear in the seal.

Failure to include the Notary’s commission expiration date will not invalidate the notarization (TCA 8-16-115).

Online Notary Electronic Signature and Seal

1. Online Notary Electronic Signature

   1. Satisfies the Law: “The requirement of a notary public’s signature by in ink by the notary’s hand and a seal is satisfied if an electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature” (TCA 8-16-112[b]).

   2. Remote Notarial Acts Only: “An online notary public may use his or her electronic signature only for performing online notarizations” (RRT 1360-07-03-.03[13]).

   3. Same eSignature: “An online notary public must use the same electronic signature for all online notarial acts performed by the online notary public” (RRT 1360-07-03-.04[1]).

   4. eSignature Security: “An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device’s issuing or registering authority” (TCA 8-16-309[a]).

2. Same Online Notary Electronic Seal for All Acts: “An online notary public must use the same electronic seal for all online notarial acts performed by the online notary public, and a copy of such seal must be provided to the Department of State at the time of the online notary public’s application for certification as an online notary public. The name on the online notary public seal must match the name, as stated on the application, under which the online notary public is commissioned and performs all notarial acts” (RRT 1360-07-03-.04[2]).

3. Security of eSignature, eSeal: “An online notary public shall keep the online notary public’s … electronic signature, and electronic seal secure and under the online notary public’s exclusive control, which includes access protection through the use of passwords or codes under control of the notary public. No online notary public shall allow another person to use the online notary public’s … electronic signature, or electronic seal” (TCA 8-16-309[b]).
   “The online notary public’s electronic notarial certificate, electronic signature, and electronic seal must remain within the exclusive control of the online notary public (including control by means of use of a password) at all times and shall be used only for the purpose of performing online notarial acts” (RRT 1360-07-03-.04[7]).
   “An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public’s … electronic signature, or electronic seal. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public’s electronic record, electronic signature, or electronic seal” (TCA 8-16-309[e]).

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Records Requirement

1. Journal

   1. Notarial Acts: Required if the Notary or Notary employer demands and receives a fee.
      Effective April 6, 2015, Tennessee has enacted Public Chapter 76, which states that, “if the notary or the notary’s employer demands and receives a fee, the notary shall keep a record, either in an appropriate electronic form or in a well-bound book, of each of the notary’s acts, attestations, protestations, and other instruments of publication” (TCA 8-21-1201[b]).

   2. In-Person Electronic Notarial Acts: Required if the Notary or Notary employer demands and receives a fee (TCA 8-21-1201[b]).

   3. Remote Notarial Acts: Required.
      “An online notary public, or his or her properly designated custodian or repository, must keep, for at least 5 years after the date of the transaction or proceeding, a secure electronic record of all electronic documents notarized by the online notary public” (RRT 1360-07-03-.03[8]).
      Note: The statute does not use the term “journal” to describe this “secure electronic record,” but the information required to be included in it (see “Journal Entries,” below) is similar to the information recorded in journals.

2. Recording of Remote Notarial Acts: Required.
   Part of the “record” for an online notarization includes a “recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence” (RRT 1360-07-03-.03[8][f]).

Journal Format

1. Paper: A journal kept in paper format must be in a “well-bound book” (TCA 8-21-1201[b]).

2. Electronic: Prior to the enactment of Public Chapter 76 of 2015, allowing Notaries to keep a record of their acts, attestations, protestations, and other instruments of publication in an electronic format, the Tennessee Attorney General Opinion of September 14, 2014, cited above, clarified that other statute established that Notaries could keep an electronic record: “So long as the information kept in the notary public’s record is available for public inspection and other conditions are met, such information may be maintained in any appropriate electronic medium…. Tenn. Code Ann. § 10-7-121 provides that ‘any information required to be kept as a record by any governmental official may be maintained on a computer or removable computer storage media, including in any appropriate electronic medium, instead of books or paper records if the following standards are met:
   ”(A) Such information is available for public inspection, unless it is a confidential record according to law;
   ”(B) Due care is taken to maintain any information that is a public record during the time required by law for retention;
   ”(C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and
   ”(D) The official can provide a paper copy of the information when needed or when requested by a member of the public.’
   ”So long as the information required to be kept by Tenn. Code Ann. § 8-21-1201 is available for public inspection, therefore, and the other statutory conditions are satisfied, a notary public may maintain that information in electronic form….”

Journal Entries

The electronic record of online notarization must contain all of the following information:
“(a) The date and time of the notarization;
“(b) The type of notarial act;
“(c) The type, the title, or a description of the electronic document or proceeding;
“(d) The printed name and address of each principal involved in the transaction or proceeding;
“(e) Evidence of the identity of each principal involved in the transaction or proceeding in the form of:
“1. A statement that the principal(s) is personally known to the online notary public; or both
“2. A notation of the type of identification document provided to the online notary public for each principal; and
“3. A notation that the principal(s) completed identity proofing and credential analysis procedures described by Rule 1360-07-03-.05 and both were satisfactory to verify the identity of the principal(s);
“(f) A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
“(g) The fee, if any, charged for the notarization” (RRT 1360-07-03-.03[8]).

Public Record

1. Attorney General Opinion: Opinion No. 14-89 (September 14, 2014) of the Tennessee Attorney General clarifies that the records of a Notary Public are public records: “The Tennessee Supreme Court has held that, when the act of keeping a book of record is performed by a notary public, ‘it shall have the effect of an act performed by a public officer, under his official oath.’ Wheeler v. State, 56 Tenn. 393, 396 (1872)…. The record kept of a notary public’s official acts is therefore a public record.” Elsewhere in that Opinion (see “Electronic Records,” below), the Attorney General also clarifies that a Notary’s records must be available for public inspection.

2. Privacy Laws: “(1) If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, compiled in title 45, chapter 10, and the notary or employer of the notary charges a fee, and the services performed by the notary are part of the notary’s duties and within the scope of the notary’s employment, then access to the record shall be governed by the Financial Records Privacy Act, or the federal Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401 et seq.), whichever is applicable.
   ”(2) If the notary is an employee of a financial institution and the notary does not charge a fee for the services … [and] the financial institution adopts a written policy stating that such records are a record of the financial institution …, access to the record shall be governed by the Financial Records Privacy Act or the federal Right to Financial Privacy Act of 1978, whichever is applicable” (TCA 8-21-1201[d]).

Ownership of Records

Effective April 6, 2015, the statute clarifies that, “if the notary is an employee of a financial institution and the notary does not charge a fee for the services, the records kept by the notary, if any, shall be considered records of the notary unless the financial institution adopts a written policy stating that such records are a record of the financial institution” (TCA 8-21-1201[d][2]).

Security of Electronic Record

“An online notary public shall keep the online notary public’s electronic record … secure and under the online notary public’s exclusive control, which includes access protection through the use of passwords or codes under control of the notary public. No online notary public shall allow another person to use the online notary public’s electronic record” (TCA 8-16-309[b]).

“An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public’s electronic record…. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public’s electronic record” (TCA 8-16-309[e]).

Retention and Backup of Records

“Records of an online notarization shall be retained, in a safe and secure manner, for five years following the date of the notarization. An online notary public must also maintain a backup of the electronic records for the same period of time. Both the original records and the backup shall be protected from unauthorized use. An online notary public may elect to store such recordings with a custodian or repository and such recordings may be stored separately from the journal as long as the corresponding journal entry cross-references the place of storage and describes the manner in which the record is stored” (RRT 1360-07-03-.03[12]).

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Maximum Fees

1. Notarial Acts: Effective April 6, 2015, Tennessee repealed its maximum Notary fee provisions.

2. Remote Notarial Acts: “An online notary public or the online notary public’s employer may charge a fee in an amount not to exceed twenty-five dollars ($25.00) each for performing an online notarization in addition to any other fees authorized under this chapter” (TCA 8-16-311).

Reasonable Fees

Effective April 6, 2015, “a notary public or the notary’s employer is entitled to demand and receive reasonable fees and compensation for the notary’s services” (TCA 8-21-1201[a]).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Tennessee.

Recording Requirements

Acknowledgment or Proof: “(a) Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person’s original signature, and the signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. The county register may refuse to record any instrument or document not authenticated in accordance with this section.
“(b) For purposes of this section, “person’s original signature” includes an electronic signature as defined in § 8-16-302.
“(c) For purposes of this title and subject to subsection (d), a person may personally appear before the officer taking the acknowledgment by:
“(1) Appearing physically before the officer; or
“(2) Appearing by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter.
“(d) The acknowledging officer must designate in the acknowledgment form whether the principal personally appeared before the officer by means of an interactive two-way audio and video communication pursuant to subdivision (c)(2). If the person appears by means of an interactive two-way audio and video communication, the appearance and the certificate shall be deemed compliant with this chapter if the acknowledging officer amends the acknowledgment forms set forth in §§ 66-22-107, 6622- 108, and 66-22-114, to read “personally appeared before me by audio-video communication” or “personally appeared by audio-video communication” or “before me appear by audio-video communication” rather than “personally appeared before me” or “personally appeared” or “before me appear” (TCA 66-22-101).

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Notarial Acts in Tennessee

1. Acknowledgments: “If the person executing the instrument resides or is within the state, the acknowledgment shall be made before the county clerk, or legally appointed deputy county clerk; or clerk and master of chancery court of some county in the state or before a notary public of some county in this state” (TCA 66-22-102).
   “The probate or acknowledgment of any deed or other instrument, made by or to a clerk of any county, may be taken and made before the judge having probate jurisdiction in the clerk’s county, the clerk and master or the notary public, and the authentication entered on record in the office of the county clerk as other instruments; provided, that the clerk collect and account for the state tax on all such instruments as though the acknowledgment had been taken before the clerk” (TCA 66-22-105).

2. Oaths and Depositions: Effective July 1, 2010, licensed court reporters are authorized to administer oaths, to swear in witnesses and to record any deposition, court proceeding, administrative law proceeding or other proceeding, without benefit of a Notary commission. Further, transcripts taken and submitted by a licensed court reporter do not require notarization.
   These rules do not apply to court reporting services paid for by a federal agency or other instrumentality of the United States, or to court reporting services provided pursuant to criminal matters under Title 40 of the TCA (TCA 20-9-603).

3. Department of Safety Employees: “The commissioner of safety is authorized to designate in writing employees of the department of safety, who shall be authorized to take acknowledgments and administer oaths and perform other notarial acts with respect to applications, reports and any and all other documents required by law or departmental regulation to be filed with the department.
   ”Any employee so designated is authorized to perform the services and functions of a notary public with respect to such matters exclusively under the supervision and administration of the department, but no further nor otherwise” (TCA 4-3-2004).

Notarial Acts in U.S. State or Jurisdiction

“If the person executing the instrument resides or is beyond or without the limits of the state, but within the union or its territories or districts, the acknowledgment may be made:
“(1) Before any court of record, or before the clerk of any court of record; or, before a commissioner for Tennessee, appointed by the governor; or before a notary public authorized there to take proof or acknowledgments. If the acknowledgment is made before a court of record, a copy of the entry of the acknowledgment on the record shall be certified by the clerk, under the clerk’s seal of office; and the judge, chief justice, or presiding magistrate of the court shall certify as to the official character of the clerk; or
“(2) Before any other officer of such state, territory or district, authorized by the laws there to take the proof and acknowledgment of deed. There shall in cases under this subdivision be subjoined or attached to the certificate of proof or acknowledgment, signed by such other officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of such state, territory, or a certificate of the clerk of a court of record of such state, territory, or district, in the county in which the officer resides or in which the officer took such proof or acknowledgment under the seal of such court, stating that such officer was, at the time of taking such proof or acknowledgment duly authorized to take acknowledgments and proof of deeds of lands in the state, territory, or district, and that the secretary of state or clerk of court is well acquainted with the handwriting of such officer, and that the officer verily believes that the signature affixed to such certificate of proof or acknowledgment is genuine” (TCA 66- 22-103).

Notarial Acts in Foreign Country

“(a) If the person executing the instrument resides or is beyond the limits of the union and its territories, the acknowledgment may be made:
“(1) Before a commissioner for Tennessee appointed in the country where the acknowledgment is made, having an official seal;
“(2) Before a notary public of such country, having an official seal; and
“(3) Before a consul, charge d’affaires, envoy, minister, or ambassador of the United States in the country to which such person is accredited and where the acknowledgment is made.
“(b) When the seal affixed contains the name or official style of such officer, any error, in stating or failing to state otherwise such name or official style of the officer, shall not render the certificate defective” (TCA 66-22-104)

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County Clerks

The authentication process begins by first submitting the notarized document to the clerk of the county which elected a particular Notary to office and in which that Notary resides or maintains a principal place of business. The county clerk will issue a certificate authenticating the Notary’s signature (website, “Business Services: Apostilles and Authentication FAQs”).

Department of State

Notarized documents that will be sent out of state or abroad may be certified — through an apostille or other authenticating certificate — by the Tennessee Department of State. Such documents must already bear the authenticating certificate of a county clerk.

“The Tennessee Department of State, Business Services Division, issues an Apostille or an Authentication under the authority of the Tennessee Secretary of State with respect to documents executed, issued or certified by Tennessee County Clerks, the Tennessee State Registrar, and the Tennessee Secretary of State” (website, “Business Services: Apostilles and Authentication Services FAQs”).

1. Fees: $2 per apostille or other authenticating certificate. Checks or money orders payable to “Tennessee Secretary of State.”

2. Address:
   Tennessee Department of State
   Business Services Division
   Office of Authentications ATTN: ATS Section
   312 Rosa L. Parks Avenue Snodgrass Tower, 6th Floor
   Nashville, TN 37243

3. Phone: 615-741-0536

4. Procedure: Mail or present in person a completed “Apostille or Authentication Request Form” (available on the website), the original(s) of the notarized document(s), with the certificate(s) from the county clerk attached to the document(s), along with the appropriate fee (website, “Business Services: Apostilles and Authentication Services FAQs”).

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