Organizations with an approved gaming event can begin selling tickets 120 days before the event.
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 gaming events are not allowed?
Poker games and/or tournaments, pull-tabs, punchboards, video lottery games, instant and online lottery games, keno, and games of chance associated with casinos including, but not limited to slot machines, roulette wheels, and the like. Events such as bingo or “casino nights” that are purely recreational in nature and in which participants are not required to pay to participate with the promise of a prize, jackpot, or “winner-takes-all” would not fall into this category.
May two 501(c)(3) or 501(c)(19) organizations jointly operate an annual event?
Yes, however each participating organization must file an application and each pay the required fee. All applicants must qualify. If one organization fails to qualify, then participants will be rejected.
If 25% is not returned to the charitable purpose or program, what does the organization need to do?
The nonprofit must file a notice with the Division stating the reason less than 25% was returned to its charitable purpose or program. If this happens in two (2) consecutive years, the nonprofit will be disqualified from applying or holding future gaming events for a period of five (5) years.
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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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.
How do I know if a gaming event is approved?
The Division of Charitable Solicitations and Gaming maintains a list of approved events on its website at Gaming Events.
Are raffles or other games of chance allowed in the State of Tennessee?
Raffles and games of chance are considered gambling, which is prohibited in Tennessee. However, certain charitable organizations are allowed to apply to have one raffle, reverse raffle, cakewalk or cakewheel each year if that event is conducted in accordance with the procedures set forth in the Tennessee Charitable Gaming Implementation Law.
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.
If I don’t call it a raffle or sell tickets, but ask for donations for a chance to win a prize, is that allowed?
No. An event is considered a raffle if someone must pay for a chance to win a prize and would be a violation of law. It does not matter that the payment is called a “donation.”
What is a qualified 501(c)(3) or 501(c)(19) organization?
A qualified 501(c)(3) or 501(c)(19) organization is a group that has been recognized by the Internal Revenue Service (IRS) for at least five years as a tax-exempt organization and which has been in continuous and active existence in the State of Tennessee. 501(c)(3) and 501(c)(19) tax-exempt status can only be granted by the IRS. To learn more about the application process for tax-exempt status, please visit the IRS's web page for Charities & Nonprofits.
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?