Remote Online Notarization and Electronic Notarization Now Possible in Tennessee - Articles

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Posted by: Joseph Kirkland on Jul 24, 2018
On May 15, Tennessee became the 6th state to enact legislation permitting the Remote Online Notarization (RON) of documents. Under Public Chapter No. 931, qualified notaries public will be allowed to electronically apply notary seals and additionally, to perform notarizations for individuals via two-way audio-visual communications.  
 
The act now defines “Appear” “Appearance” and “personally appear” to include: 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; these will include the standards that must comply with online notarization and “credential analysis” and “identity proofing” to ensure the proper identity of the party to be witnessed and preservation of the notarization act for a period of a minimum of five years.
 
The act also contains definitions for terms such as "Credential analysis," "Electronic document," "Electronic notarial certificate," "Electronic seal," "Electronic signature," "ldentity proofing," "Online notarization" and "Remote presentation," among others. The Tennessee Secretary of State will be administering and promulgating the rules for the orderly conduct of electronic notarizations and remote online notarizations. Public Chapter No. 931 will become effective on July 1, 2019.

Joseph "Joe" Kirkland is an attorney and senior escrow officer at the East Memphis office of CloseTrak, Closing & Title Services. Kirkland is active in the Tennessee Land Title Association (chair of the standing Legislative Committee 2017-19, director of the Board of Directors 2018-19) and the immediate past chair of the Tennessee Bar Association's Real Estate Law Section.
 
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