§ 8-16-310 — Online notarization procedures

(a) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this part and rules promulgated pursuant to this part. Identity may be verified by: (1) The online notary public's personal knowledge of the person creating the electronic signature; or (2) (A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person; (B) Credential analysis of the credential described in subdivision (a)(2)(A); and (C) Identity proofing of the person described in subdivision (a)(2)(A). (b) The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception. (c) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization. (d) The validity of an online notarization performed by an online notary public of this state in accordance with this chapter shall be determined by applying the laws of this state.

Legislative History

Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.