How to become a Remote Online Notary in Tennessee:
To obtain authorization to perform remote online notarizations (RONs) in Tennessee, Notaries must complete the following steps, effective July 1st, 2019:
- You MUST be an existing Notary Public -- The application process for online notary authorization is open exclusively to individuals holding a current commission as a Notary Public. As Notaries Public are elected at the county level, those uncertain of their current status are encouraged to check the Tennessee Secretary of State website for verification.
- Prior to application submission, a thorough review of the applicable statute and rules is required. -- In addition to the established rules governing traditional notarial acts, online notarizations in Tennessee are subject to specific statutes and regulations. The Online Notary Public Act (TCA 8-16-301 et seq.) serves as the enabling legislation. Furthermore, Chapter 1360-07-03 of the Rules and Regulations for the Department of State sets forth detailed provisions regarding the duties and responsibilities of online notaries, as well as the procedures for obtaining authorization to perform online notarizations.
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Prior to application submission, a contract with an approved third-party vendor is required.
Before applying for online notary authorization, applicants must establish a contractual relationship with a third-party technology provider that meets the requirements outlined in the Rules. The chosen vendor must furnish the following technological capabilities:
- A system for electronically affixing the notary's certificate, signature, and seal to documents in a tamper-evident manner.
- Tools for verifying the identity of the remotely located individual and analyzing their credentials.
- A secure platform for recording and storing the audio-video components of the online notarization session.
It is important to note that the Tennessee Department of State does not endorse or recommend any particular vendor. The requirements for vendors’ technology are found in the Rules.
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Submission of vendor materials is a mandatory component of the application process.
To complete the online notary application, applicants must provide comprehensive information and documentation, including:
- The name of the selected technology vendor and a detailed description of the technologies employed to fulfill the requirements outlined in Section 4.
- A clear explanation of the method or technology that will be used to maintain an electronic notary journal in compliance with the Rules.
- A copy of the applicant's unique electronic seal, adhering to the specifications set forth in the Rules.
- A copy of the applicant's unique electronic notarial certificate, incorporating the electronic signature or an alternative technology that ensures the tamper-evident nature of notarized electronic documents.
- A copy of the vendor-supplied instructions or techniques that enable the authentication of the online notary public's electronic notarial certificate.
- A copy of the vendor-supplied instructions or techniques that guide the online notary public in conducting identity proofing and credential analysis.
Applicants must obtain the necessary documentation from their chosen vendor and submit it electronically with their application.
- Notaries must apply to the Secretary of State to receive authorization to perform online notarizations. -- The performance of online notarizations in Tennessee is contingent upon the issuance of an online notary commission by the Secretary of State. Prospective online notaries must first establish an online account with the Secretary of State's office. Subsequently, they are required to complete the designated Online Notary Application, available at the bottom of this page. The completed application, along with the prescribed $75 fee, must be submitted electronically through the online portal.
- The online notary commission's expiration date coincides with that of the traditional notary public commission. -- When applying, you must provide your notary public commission dates, which must match the Secretary of State's records. Your online notary commission will expire on the same date as your current notary public commission. If you renew your notary public commission, you can then reapply to be an online notary.
CLICK HERE TO FILL OUT THE APPLICATION TO BECOME AN ONLINE NOTARY
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Requirements to be a Remote Online Notary (RON) in Tennessee State:
Before applying for an online notary commission in Tennessee, individuals must meet several prerequisites:
- Possess a valid traditional Notary Public commission.
- Be at least 18 years old, a U.S. citizen or legal permanent resident, and reside or have a primary place of business in Tennessee.
- Demonstrate literacy in English.
- Be free of convictions for specific offenses, including bribery and larceny, unless civil rights have been restored.
Furthermore, applicants must secure the services of a RON technology provider and include the following materials in their online application:
- Electronic seal and certificate.
- Vendor documentation outlining procedures for certificate verification and identity/credential analysis.
Applicants must provide a detailed explanation of their RON vendor's technologies and their chosen methodology for electronic journal maintenance.
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What are the storage requirements for online notarization records?
- Tennessee Rule 1360-07-03-.03 outlines specific requirements for the retention of online notarization records. These records must be stored in a safe and secure manner for a period of five years from the date of the notarization.
- Additionally, a backup of these electronic records must also be maintained for the same five-year period.
- Notaries have the option to entrust these recordings to a custodian or a dedicated repository.
- While the records may be stored separately from the notary's journal, it is essential that the journal entry includes clear cross-references to the storage location and method to ensure proper record keeping.
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Frequently Asked Questions (FAQ)
- Is any training or examination necessary to obtain a Tennessee remote notary commission?
Tennessee does not mandate any training course or examination for online notary commission applicants.
- Do I need a second surety bond as a TN online notary?
No. Tennessee does not require remote Notaries to get a second surety bond. However, you must have a $10,000 bond for your traditional commission before becoming a remote Notary.
- Is it mandatory to have an errors and omissions (E&O) insurance policy in Tennessee?
You are not required by the state to have errors and omissions (E&O) insurance, but it can protect you from the costs of mistakes. This insurance covers your expenses if you make an error that harms the signer. Remember that a surety bond only protects the signer, not you.
- Which notarial acts are permissible to conduct online? Online notarization allows for the performance of the following acts:
- Acknowledgments
- Administering oaths
- Depositions
- Affidavits
- Parties who can file a lawsuit in a court of equity
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IMPORTANT LINKS
****Click the link below for the link to the Tennessee Secretary of State website (SOS)
Tennessee SOS Website
****Click the link below to access the Tennessee Online Notary Application
Tennessee Online Notary Application
****Click the link below to download a copy of the Tennessee State Notary Handbook
Tennessee State Online Notaries Public Handbook
****Click the link below to get your digital certificate with Identrust
Get Your Digital Certificate
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**If you have questions please download the TN Online Notaries Public Handbook above. It's important to follow and research your state legislative laws. If you still have questions, you can email our Tennessee State Committee Member, Lashae Whitley-
Email: Wenotarizellc@gmail.com
Phone: (931)801-0533
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