(a) 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:

Terms Used In Tennessee Code 8-16-310

  • 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. See Tennessee Code 8-16-302
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 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 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
  • 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. 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
  • 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. See Tennessee Code 8-16-302
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
(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).
(b) 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.
(c) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization.
(d) 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.
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