(a) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. The record may be kept in one (1) or more electronic journals. The electronic record must contain for each online notarization:

Terms Used In Tennessee Code 8-16-308

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 8-16-302
  • Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Tennessee Code 8-16-302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Notarial act: means the performance by an online notary public of a function authorized under §. See Tennessee Code 8-16-302
  • Online notarization: means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under §. See Tennessee Code 8-16-302
  • Online notary public: means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part. See Tennessee Code 8-16-302
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Principal: means an individual:
    (A) Whose electronic signature is notarized in an online notarization. See Tennessee Code 8-16-302
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(1) The date and time of the notarization;
(2) The type of notarial act;
(3) The type, the title, or a description of the electronic document or proceeding;
(4) The printed name and address of each principal involved in the transaction or proceeding;
(5) Evidence of identity of each principal involved in the transaction or proceeding in the form of:

(A) A statement that the person is personally known to the online notary public;
(B) A notation of the type of identification document provided to the online notary public;
(C) A record of the identity verification made, if applicable; or
(D)

(i) The printed name and address of each credible witness swearing to or affirming the person’s identity; and
(ii) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
(6) 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
(7) The fee, if any, charged for the notarization.
(b) The online notary public shall take reasonable steps to:

(1) Ensure the integrity, security, and authenticity of online notarizations;
(2) Maintain a backup for the electronic record required by subsection (a); and
(3) Protect the backup record from unauthorized use.
(c) The electronic record required by subsection (a) must be maintained for at least five (5) years after the date of the transaction or proceeding requiring notarization. The notary, or a guardian or personal representative of an incapacitated or deceased notary, may by agreement use a repository acting in accordance with any rules established under this chapter to maintain such records.
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