(a) 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reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device’s issuing or registering authority.

Terms Used In Tennessee Code 8-16-309

  • 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
  • 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. See Tennessee Code 8-16-302
  • 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. See Tennessee Code 8-16-302
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document. 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
  • 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
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
(b) An online notary public shall keep the online notary public’s electronic record, 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 record, electronic signature, or electronic seal.
(c) An online notary public may only use the online notary public’s electronic signature for performing online notarizations.
(d) 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.
(e) 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, 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.
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