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Current as of January 02, 2024 | Updated by Findlaw Staff
As used in this part:
(1) “Appear” or “appearance” or “personally appear” means:
(A) Appearing physically before a notary public; or
(B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state;
(2) “Credential analysis” means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;
(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(4) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means;
(5) “Electronic notarial certificate” means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
(A) The online notary public's electronic signature, electronic seal, title, and commission expiration date;
(B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and
(C) The facts attested to or certified by the online notary public in the particular notarization;
(6) “Electronic seal” means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents;
(7) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document;
(8) “Identity proofing” means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources;
(9) “Notarial act” means the performance by an online notary public of a function authorized under § 8-16-112;
(10) “Online notarization” means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16-305;
(11) “Online notary public” means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part;
(12) “Principal” means an individual:
(A) Whose electronic signature is notarized in an online notarization; or
(B) Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and
(13) “Remote presentation” means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
(A) Identify the individual seeking the online notary public's services; and
(B) Perform credential analysis.
Cite this article: FindLaw.com - Tennessee Code Title 8. Public Officers and Employees § 8-16-302 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-16-302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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