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.

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.

Image

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.  

We index information in the UCC system based upon the name of the debtor.

The required indebtedness language is “Maximum principal indebtedness for Tennessee recording tax purposes is $____________________________.” Tennessee law imposes a recording tax on any instrument evidencing indebtedness, including, but not limited to, mortgages, deeds of trust, conditional sales contracts, and financing statements.

The “indebtedness” is the principal debt or obligation which is reasonably contemplated by the parties to be included within the terms of the agreement. "Indebtedness" does not include any amount of interest, collection expense including, but not limited to, attorney's fees and expenses incurred in preserving, protecting, improving, or insuring property which serves as collateral for the indebtedness, or any other amount, other than the principal debt or obligation, for which a debtor becomes liable unless such amount is added to the principal debt or obligation, and is used to calculate additional interest pursuant to refinancing, reamortization, amendment or similar transaction or occurrence.

Request a search by filing an Information Request (UCC11). The fee for a copy search is $15.00 for each filing plus $1.00 per page.

Our online search (https://TNBEAR.TN.gov/UCC) displays summary information about a financing statement (debtors, secured parties, dates). Information Requests (UCC11) can now be submitted online and as soon as payment is complete, you are able to retrieve a .pdf file of the images.

Please note that a financing statement fling will not appear in a UCC11’s search results until the processed-through date in the office has passed the online filed date and time.  The processed-through date appears in red at the top of the UCC Online Services page

Currently, credit cards, debit cards, and e-check payments are available for web filed documents. File online at https://TNBEAR.TN.gov/UCC

We do not accept faxed or emailed filings. However, you may file online at https://TNBEAR.TN.gov/UCC.

UCC forms are available online on our Business Forms & Fee page.

Use the online UCC search tool or file a UCC11 Information Request.

T.C.A. § 47-9-516(b) provides a list of rejection reasons. The following are some examples:

• The UCC filing is not filed on the proper form. The appropriate forms are the Tennessee forms prescribed by T.C.A. § 47-9-521 and those approved by the International Association of Commercial Administrators (IACA).
• The correct total amount due for the filing fee and recording tax (if applicable) was not submitted. Note: When an inadequate payment amount for multiple transactions is submitted with a UCC3, all transactions are rejected.
• When filing an amendment, the initial financing statement file number is not legible or cannot be matched to an un-lapsed initial financing statement.
• For a continuation, the record is not filed within the six month window prior to the lapse date.
• In the event of an assignment, the filing fails to legibly provide the name and mailing address of the assignee.
• When an amendment adds a new party, the record does not legibly provide the new party’s name and/or mailing address.
• When an amendment adds a new debtor, the record does not legibly identify the debtor’s name and/or mailing address.
• When an initial financing statement or an amendment that increases the maximum principal indebtedness does not include the required indebtedness language.
• A check could not be honored.
• The original file number (UCC1) was not provided when you submitted a UCC3.

Please be sure that any filing not submitted on a Secretary of State form (especially search requests) includes all of the required information. Our forms contain all of the required information.

A UCC financing statement is effective for a period of five (5) years. A financing statement lapses or terminates at the end of the five-year period. A continuation statement can be filed to extend the lapse date if it is filed within six (6) months before the security interest expires. An initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thirty (30) years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.

A UCC financing statement is valid until it lapses.

If the recording tax on the stated indebtedness has been paid at the county level, the following are required:

• The indebtedness language (“Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $_______________________”)
• A statement to declare that the recording tax on the stated indebtedness has been paid at the county level, and
• Attach a tax receipt to the document if sending your filing in on paper. Enter the tax receipt details (County, date paid, receipt number, and amount paid) online if web filing or web preparing the filing).

Make sure any receipt that you provide is readable. If you request an exemption from the indebtedness tax, you MUST request it in writing with an explanation for the request.

• Example #1: A UCC1 states that the maximum amount of indebtedness for Tennessee recording tax purposes is $1,500.00. Since the first $2,000.00 of indebtedness on a financing statement is exempt, no recording tax is due.
• Example #2: A UCC1 states that the maximum amount of indebtedness for Tennessee recording tax purposes is $25,000.00. The amount of recording tax due is ($25,000.00 - $2,000.00) x .00115, or $23,000.00 x .00115, which equals $26.45.
• Example #3: A UCC3 amendment to the UCC1 financing statement in example #2 increases the indebtedness amount from $25,000.00 to $30,000.00 and the amendment states that the maximum amount of indebtedness for Tennessee recording tax purposes is $5,000.00. Since the $2,000.00 exemption has already been utilized regarding this financing statement when the UCC1 was filed, the amount of recording tax due is $5,000.00 x .00115 which equals $5.75.

A recording tax of eleven and one-half (11.5¢) cents for each one hundred ($100) dollars of indebtedness is due on any financing statement or amendment to a financing statement. You must state the “maximum principal indebtedness for Tennessee recording tax purposes” on either the face of the instrument or on an attached sworn statement “ The first two thousand ($2,000) dollars of total indebtedness is exempt from the recording tax; however, the exemption can only be taken once in relation to a financing statement. This tax is often referred to as the indebtedness tax.

The filing fee is fifteen dollars ($15.00) per debtor. When there are multiple debtors listed on a single financing statement, a fifteen dollar ($15.00) fee is required for each debtor. If multiple statements are filed, be sure to include the fifteen dollars ($15.00) fee for each debtor. Each different address listed for a debtor is considered a separate debtor for filing fee purposes.

The UCC Section provides public notice that a security agreement (the document that grants the security interest) exists between a specific debtor and creditor (called a secured party) and describes the collateral involved. The Secretary of State’s office is the central filing office for certain financing statements and other lien documents provided for in the Uniform Commercial Code. Filing a financing statement with our office allows a creditor to perfect a security interest in the collateral and establish priority in case of debtor default or bankruptcy. Documents filed include initial financing statements, amendments, assignments, and other UCC filings authorized by Tennessee statutes.

A UCC-1 is a “financing statement” filed to provide notice that a creditor has a security interest in a debtor’s personal property. It is not an agreement. It is just notice to the world that one person claims an interest in someone else's property, usually as collateral for a debt.

UCC stands for Uniform Commercial Code. It is a uniform law that governs commercial transactions, including sales of goods, secured transactions and negotiable instruments. It is a comprehensive set of statutes created to provide consistency among the states. It is called a uniform law because the same law exists in many states.