TN Notary Electronic and Remote Notarization 2 — Questions and Answers
Question 1: Which of the following best describes an 'electronic signature' as used in Tennessee notarization?
- A typed name in an email
- An electronic sound, symbol, or process attached to or logically associated with a record and executed by a person with intent to sign (Correct answer)
- A faxed copy of a wet ink signature
- A digital photograph of the signer's handwritten signature
Correct answer: An electronic sound, symbol, or process attached to or logically associated with a record and executed by a person with intent to sign
Under the Uniform Electronic Transactions Act, an electronic signature is broadly defined as any electronic sound, symbol, or process linked to a record and intended as a signature.
Question 2: What is 'credential analysis' in the context of Tennessee remote online notarization?
- A background check performed on the notary by the Secretary of State
- A technology process that verifies the authenticity of a government-issued ID presented by the signer (Correct answer)
- An evaluation of the notary's commission credentials by the RON platform
- A review of the signer's credit history to confirm their identity
Correct answer: A technology process that verifies the authenticity of a government-issued ID presented by the signer
Credential analysis uses software to verify that a government-issued ID presented by the signer is authentic and unaltered.
Question 3: Which of the following is NOT an approved platform requirement for a Tennessee RON provider?
- The platform must use tamper-evident technology for electronic documents
- The platform must be approved by the Tennessee Secretary of State
- The platform must be operated from a physical office in Tennessee (Correct answer)
- The platform must provide audio-video communication between notary and signer
Correct answer: The platform must be operated from a physical office in Tennessee
There is no requirement that a RON platform be operated from a physical Tennessee office; approval by the Secretary of State and technical capabilities are the key requirements.
Question 4: In Tennessee remote online notarization, what must happen if the audio-video connection is interrupted during the session?
- The notary may continue and note the interruption in their journal
- The notary must restart the identity verification process and re-establish the session (Correct answer)
- The notary may complete the notarization based on the identity already established
- The signer must submit a written waiver of the interruption
Correct answer: The notary must restart the identity verification process and re-establish the session
If the audio-video connection is interrupted, the notary must re-establish the connection and may need to restart the identity verification process to ensure a complete and valid session.
Question 5: Under Tennessee law, an electronic notarial act is deemed to have been performed in which location?
- Where the signer is physically located at the time of the notarization
- Where the RON platform's servers are hosted
- Where the notary is physically located at the time of the notarization (Correct answer)
- The county listed on the notary's commission
Correct answer: Where the notary is physically located at the time of the notarization
Tennessee law treats an electronic notarial act as performed in the state and county where the notary is physically located at the time, regardless of where the signer is.
Question 6: Which of the following documents is generally NOT eligible for remote online notarization in Tennessee?
- Real estate deeds
- Powers of attorney
- Wills requiring witness attestation under specific testamentary requirements (Correct answer)
- Loan closing documents
Correct answer: Wills requiring witness attestation under specific testamentary requirements
Traditional wills with specific witness attestation requirements may be subject to additional restrictions that make standard RON procedures inapplicable without additional legal compliance steps.
Question 7: A Tennessee notary performing RON must ensure the audio-video technology meets which standard?
- It must be broadcast-quality video with 4K resolution
- It must allow the notary and signer to see and hear each other in real time (Correct answer)
- It must use end-to-end encryption certified by the federal government
- It must record in both audio and video at a minimum of 60 frames per second
Correct answer: It must allow the notary and signer to see and hear each other in real time
Tennessee RON law requires that the technology provide real-time two-way audio-video communication so the notary can see and hear the signer simultaneously.
Which of the following best describes an 'electronic signature' as used in Tennessee notarization?