The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
A backup of the electronic records shall also be maintained for five years following the date of the notarization.
A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
The original records and backup shall be protected from unauthorized use.
How do I decide on the business structure for my Company?
The Tennessee State Library and Archives has microfilmed copies of older deeds for every county in Tennessee. The deeds records are arranged by the name of the seller/buyer (grantor/grantee). We do not have a means to search for a deed record by knowing the area, address, or longitude & latitude of the property. Information for ordering deed records can be found in Ordering Records. To see inventories of what deed year coverage we have for each county, see our county inventories of microfilmed records.
When a deed search is requested, we follow these procedures:
We locate the cumulative index (if available), usually in a book separate from the deed books. If there is no cumulative index, we use the index appearing in each volume of deeds.
We check to see if the index indicates the date of the deed. If it does, we search the portion of the index covering the dates requested for the name requested.
If the dates are not shown in the index entries, we determine which deeds books were in use during the dates requested in the search. For example: if the request is for a deed dated 1860-1865, and we find that Deed Book C covered 1856-1861 and Deed Book D covered 1861-1866, we would search that portion of the index that includes entries for Deed Books C and D.
Within the time period requested, we look for deeds matching the name of the person requested. Both grantor (seller) and grantee (buyer) indexes are searched. Deed indexes are not always completely alphabetized, but only grouped under each letter of the alphabet. For example: to locate deeds for Jasper Bates, we scan the entire letter & #8220;B” in the index.
If an entry matching the request is found, we copy the deed and mail it to the client.
If more than one matching entry is found, we copy the index pages containing them and mail them to the client, with instructions to select one to be copied at the standard fee.
If no related entry is found, we advise the client that the index was searched, indicating the dates covered by the search.
Deeds are not always recorded in the year they are written, so a deed written in 1865 but not recorded until 1875 will not be located using this search strategy. We have no way of ascertaining whether a deed was recorded when it was written. Name of grantor is not always the expected name; some properties are sold by power of attorney, sheriff or court clerk to satisfy a legal judgment, so the deed would be indexed under the name of that person.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
Does the State of Tennessee offer e-notaries?
No, the State of Tennessee only offers notaries and remote online notaries.
What types of business entities file documents with the Secretary of State?
Corporations*
Limited Liability Companies (LLC’s)*
Limited Partnerships (LP’s)*
Limited Liability Partnerships (LLP’s)*
General Partnerships+
*All of the above business entities file formation documents.
+Filings by general partnerships are not for the purpose of forming or maintaining a general partnership in Tennessee. Document filing is for the purpose of providing public notice of basic information about a general partnership, such as the agency authority of its partners, and such filings are optional and voluntary.
The Library and Archives will, for a fee, search a five year date span in the indexed minutes from the County or Quarterly Court, Circuit Court, or Chancery Court. Please go to Ordering Records for instructions on ordering a court record.
The records at the Tennessee State Library and Archives are open to the public. You are welcome to come in 8:00am - 4:30pm (Central Time) Tuesday through Saturday to search the court records yourself & make your own copies for research. Please see the Tennessee State Library and Archives Visitors Page for information on directions, parking, and holiday hours.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
I'm registered with multiple vendors; do I have to update my remote online notary information with all their information?
Yes, each vendor that you are utilizing their software to remotely notarize documents should be listed in your dashboard under your vendor technologies. You have the option to add new vendor technologies in your dashboard for free. The same documents are required to be uploaded.
What is the fewest number of people needed to incorporate?
One (1)
What are the online notary seal requirements?
In accordance with Tennessee Rule 1360-07-03-.04, 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 '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.
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What is TSLA Record Certification?
If needed, the Library and Archives can certify a copy of a record held in our collection. There is a fee of $5.00 to certify one copy of the document, in addition to the initial search fee. If you wish for more than one copy of a record to be certified, each additional certification is $5.00.
If you think certification may be needed, please indicate this when the initial copy order is placed, as we cannot certify after-the-fact any copies that have left our facility. We cannot certify copies of items that we have not copied ourselves. If you decide at a later date that you need items certified that you have already received, we will have to charge you for the order a second time and re-copy all the materials.
The Library and Archives cannot certify electronic copies (scans) of documents.
If you pay in advance for a record search and certification and the record is not located, neither the search fee nor the certification fee are refundable. For this reason, when searching for a record that you wish to have certified, the Library and Archives suggests that you use our downloadable forms and pay by credit card. If you pay by credit card and a record is not located, then you will not be charged the additional $5.00 certification fee.
Do you have a list of approved third-party vendors for Online Notaries?
No, the Tennessee Secretary of State does not recommend nor endorse any third-party vendors. Whatever platform you choose should provide identity proofing, credential analysis, and storage for your video recordings of notarial acts. It should also be capable of attaching your electronic seal, electronic signature, and electronic notarial certificate to an electronic document.
Is Training available for Application Assistants?
Training is available via WebEx. Please contact Safe at Home directly for scheduling.
What is an Online Notary Public?
In April of 2018, the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act went in effect as of July 1, 2019. The Act defines “Online Notarization” as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor. This Act authorizes Tennessee notaries to perform remote online notarizations after the completion of an application and approval from the Tennessee Secretary of State. The steps which must be taken for a notary to perform online notarizations can be found in the Online Notary Public Guide.
How do I handle a complaint about the conduct of a Notary?
A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.
"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."
Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.
What documentation do I need to submit with my remote online notary application?
The name of your vendor and a description of the technologies it uses to provide the services listed in the Tennessee Rules [1360-07-03-.02(h), (i), (l ), (m), (n)]
An explanation of the method or technology you will use to maintain an electronic notary journal as required by the Rules;[1360-07-03-.03(12)]
A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
A copy of the instructions or techniques supplied by the vendor that allows the online notary public's electronic notarial certificate to be read and authenticated;[1360-07-03-.04(8)]
A copy of the instructions or techniques supplied by the vendor that allow the online notary public to conduct identity proofing and credential analysis. [1360-07-03-.02(m)]
What is the difference between E-Notaries and Remote Online Notaries?
In e-notarization, the notarization uses digital signatures but must occur in the physical presence of the notary, similarly to a traditional/pen and paper notarization. In remote notarization, the person is not in the physical presence of the notary but is present through audio and visual equipment such as a webcam.
What is an Incorporator?
The incorporator is the person that files the charter of the corporation. The incorporator must be of legal age to enter into contracts. Once the charter has been filed, the incorporator’s function is complete.
What are the most common reasons for rejection of an Annual Report?
The correct fee is not paid. The annual report fee for a corporation is $20, and an additional $20 is required if any change is made concerning the registered agent/registered office. The annual report fee for LLCs is $300 minimum up to a maximum of $3000. The fee increases by an additional $50 per member for every member over 6 members up to a maximum of $3,000.
An officer is not listed. If the business is a Tennessee for-profit corporation, the corporation must list at least one officer. If the business is a Tennessee nonprofit corporation, a president and secretary or required.
The board of directors are not listed, the box indicating that the board is the same as the officers listed is not marked, or the box indicating that the corporation does not have directors is not marked.
The annual report is not signed and/or dated.
The annual report is not typed or filled out in ink.
Where do I obtain my digital notarial certificate?
The third-party vendor you have chosen should provide you with the certificate.
What is a digital notarial certificate?
The portion of a notarized electronic document that is completed by the notary public, bears the notary public's electronic signature and official electronic seal, official title, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization.
How much does it cost to become a remote online notary?
The application fee is $75.
Does the corporation have to be recorded anywhere else?
Yes, if the principal address is in Tennessee, the filed document must be recorded in the Registered of Deeds in the county where the principal office is located.
What are bylaws?
Bylaws are the code or rules by which the corporation is run, and explain the conditions and limitations that the corporation must follow in conducting its business.