People also ask
The program does NOT:
- Help participants change their identities or relocate.
- Remove or delete existing public records.
- Offer legal advice.
- Relieve participants of their legal or financial responsibilities.
Tennessee Rule 1360-07-03-.03 states
- 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.
The Public Records Commission was created by statute to determine and order the proper disposition of state records. The PRC meets at least twice annually to receive an update report from the Records Management Division and discuss any records projects or outdated policies and procedures. These meetings are open to the public. See TCA §§10-7-301 through 10-7-306.
Members include:
- Secretary of State
- Comptroller of the Treasury
- State Treasurer
- Director of Legal Services
- Commissioner of General Services
- Attorney General
- Executive Director of Historical Society
- Chief Justice of Tennessee Supreme Court
Under the Tennessee Public Records Act, T.C.A. § 10-7-501 et. seq., all state or local government records are considered public and are available for public inspection and copying, unless specifically protected by other law. This means that any member of the public can request that a state or local government official allow them to inspect and/or take a copy of certain records, which may contain an another individual’s name, address, or phone number. This means that an abuser may be able to track or discover the residential address of a victim through public records. The primary goal of the Safe at Home Address Confidentiality Program is to prevent this from happening and provide victims of domestic violence and other crimes with a sense of security in their own homes and freedom from intimidation or further abuse.
The Safe at Home Address Confidentiality Program is a statewide address confidentiality program administered by the Office of the Tennessee Secretary of State. It is open to all victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfy eligibility and application requirements at no cost. Once a participant has been approved, they are provided with a ‘substitute’ address that can be used by them and their children as their official mailing address for all state and local government purposes, including public school or public benefits enrollment, subject only to a few limited exceptions.
No, the State of Tennessee only offers notaries and remote online notaries.
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.
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.
- 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 seal; [1360-07-03-.03(k)]
- 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)]
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.
A “Catastrophic Illness Trust” is defined as a trust or custodial account established to benefit those with a catastrophic illness, or a severe illness requiring prolonged hospitalization and/or doctors and medicines. Trustees or a bank or trust company acting as trustee are required to provide notice to the Division of Charitable Solicitations on establishment of the trust. This notice is required before soliciting donations in the State of Tennessee.
The trustees, other than a bank or trust company acting as trustee, are also required to file with the Division of Charitable Solicitations an annual accounting of the trust on the anniversary of the establishment of the trust. This accounting must include all revenue and expenditures of the trust. The trustees must keep true and accurate financial records of the trust for no less than three (3) years. In addition, the Secretary of State may compel additional production of documents, exhibits, or things by any person which the Secretary believes to be pertinent in conducting any investigation.
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.