TN Notary Electronic and Remote Notarization 1 — Questions and Answers
Question 1: Under Tennessee law, what is Remote Online Notarization (RON)?
- Notarization performed via telephone audio only
- Notarization where the notary and signer are in different locations connected by audio-video technology (Correct answer)
- Notarization using a scanned paper document sent by email
- Notarization performed by a notary outside of Tennessee
Correct answer: Notarization where the notary and signer are in different locations connected by audio-video technology
RON allows a Tennessee notary and a remotely located signer to interact through real-time audio-video communication technology.
Question 2: Which Tennessee statute primarily governs electronic and remote notarization in the state?
- Tennessee Code Annotated § 66-22-101
- Tennessee Code Annotated § 8-16-301 et seq. (Correct answer)
- Tennessee Code Annotated § 47-10-101
- Tennessee Code Annotated § 29-2-101
Correct answer: Tennessee Code Annotated § 8-16-301 et seq.
TCA § 8-16-301 and the surrounding sections of Title 8, Chapter 16 govern Tennessee's Revised Uniform Law on Notarial Acts, including electronic and remote notarization.
Question 3: Before performing remote online notarizations in Tennessee, what must a notary do?
- Obtain a separate remote notary license from the county clerk
- Register with the Tennessee Secretary of State and obtain approval to use an approved RON platform (Correct answer)
- Pass an additional notary exam specifically for remote notarization
- Obtain written permission from the county where their commission is held
Correct answer: Register with the Tennessee Secretary of State and obtain approval to use an approved RON platform
Tennessee notaries must register with the Secretary of State and receive approval before performing RON, and must use a Secretary of State-approved platform.
Question 4: For a remote online notarization in Tennessee, which method is used to verify the identity of a remotely located signer?
- A signed affidavit from a personal reference
- Credential analysis and knowledge-based authentication (KBA) (Correct answer)
- A government-issued ID mailed to the notary in advance
- Video recording of the signer's face only
Correct answer: Credential analysis and knowledge-based authentication (KBA)
Tennessee RON law requires identity proofing through credential analysis and knowledge-based authentication to verify the remote signer's identity.
Question 5: How long must a Tennessee notary retain the audio-video recording of a remote online notarization?
- 1 year
- 3 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Tennessee law requires that audio-video recordings of remote online notarizations be retained for at least 5 years.
Question 6: An electronic notarial certificate in Tennessee must include which of the following?
- The notary's home address and personal phone number
- An electronic signature and electronic seal of the notary (Correct answer)
- A photograph of the notary taken at the time of notarization
- The signer's Social Security Number for identity verification
Correct answer: An electronic signature and electronic seal of the notary
An electronic notarial certificate must include the notary's electronic signature and electronic seal, just as a paper certificate requires a wet signature and physical seal.
Question 7: Under Tennessee law, can a Tennessee commissioned notary perform a remote online notarization for a signer located in another state?
- No, the signer must always be physically present in Tennessee
- Yes, as long as the notarial act would be legal in the state where the signer is located (Correct answer)
- Yes, but only if the signer is a Tennessee resident temporarily out of state
- No, RON is only permitted when both parties are in the same time zone
Correct answer: Yes, as long as the notarial act would be legal in the state where the signer is located
Tennessee law permits RON for signers located outside Tennessee, provided the notarial act is lawful where the signer is physically located at the time.
TN Notary Electronic and Remote Notarization 1
Under Tennessee law, what is Remote Online Notarization (RON)?