Tennessee Rule 1360-07-03-.03 states

1. The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
2. A backup of the electronic records shall also be maintained for five years following the date of the notarization.
3. 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.
4. The original records and backup shall be protected from unauthorized use.

If you are unsure as to what type of business (i.e. Corporation, Limited Liability Company, Partnership, etc.), you may need to contact an attorney or tax professional, as this office is unable to assist in that determination. For information on types of business entities and tax, treatments consult the IRS, Tennessee Office of the U.S. Small Business Administration or the Business Enterprise Resource Office (BERO) at the Tennessee Department of Economic and Community Development.

No, the State of Tennessee only offers notaries and remote online notaries.

• 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.

A fee can be required not to exceed $25 for each online notarization per Tennessee Rule 1360-07-03-.03.

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.

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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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.

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.

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.

With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:

"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.

A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.

1. 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)]
2. 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)]
3. A copy of your unique electronic seal; [1360-07-03-.03(k)]
4. A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
5. 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)]
6. 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)]

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.

The third-party vendor you have chosen should provide you with the 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.

The application fee is $75.