Online Notary
In April of 2018 the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act is in effect as of July 1, 2019.
The Act defines “Online Notarization “as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor.
This Act authorizes Tennessee notaries to perform online remote notarizations after the completion of an application and approval from the Tennessee Secretary of State. Below are the steps which must be taken for a notary to perform online notarizations.
1. You must be an existing notary public.
It enables a Notary Public to act as an in-person witness to electronic signing of documents. DocuSign eNotary is available in more than a dozen U.S. States, including California, New York, Texas, and Florida. When you are in the online session with a notary, you will e-sign by typing your name onto the document. Our electronic signing technology requires no additional hardware on your end, just your keyboard. Electronic Notary Arizona Transforming Notary Businesses Since 2007 DocVerify is the only approved and certified secure e-notary platform provider in all of the states for commissioned notaries that allow electronic notarizations or remote notarizations, and is also a government trusted e-notary provider leader since 2007.
Only those who are currently an active notary may apply to become an online notary. Notaries Public are elected by each county. If you do not know your current status you may check it on our website here: https://tnbear.tn.gov/Notary/notary
2. You must apply to be an online notary and receive an online notary commission from the Secretary of State.
To perform online notarizations you must first receive an online notary commission issued by the Tennessee Secretary of State. Applicants are required to set up an online account with the Secretary of State and complete the Online Notary Application which can be found at the bottom of the page. This application must be submitted and paid online. There is an initial fee of $75.
3. You must review the applicable statute and rules before applying.
Online notarizations are governed by several new rules and statutes as well as the existing notary rules. The enacting statute is the Online Notary Public Act, TCA 8-16-301 et.seq. New Department of State Rules explaining the duties and responsibilities of online notaries as well as the procedures for applying can be found here: https://publications.tnsosfiles.com/rules/1360/1360-07/1360-07-03.20200107.pdf
4. You are required to contract with appropriate third party vendors BEFORE applying.
To apply to be an online notary, you must first have a contract with a company that will provide you with the technological support needed to perform online notarizations. This company must provide you with:
- The technology to be used in attaching or logically associating an electronic notarial certificate, signature and seal to an electronic document;
- The technology to be used in conducting identity proofing and credential analysis;
- The technology to store and maintain a recording of the video and audio conference of the online notarization session.
The Tennessee Department of State does not recommend nor endorse any particular third party vendors. The basic requirements for vendors’ technology are found in the Rules.
5. You must provide copies of materials from your vendor with your application.
To complete the online notary application you will be required to provide the following information and documentation:
- The name of your vendor and a description of the technologies it uses to provide the services listed in section 4;
- An explanation of the method or technology you will use to maintain an electronic notary journal as required by the Rules;
- A copy of your unique electronic seal (see the Rules for requirements);
- A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;
- A copy of the instructions or techniques supplied by the vendor that allows the online notary public’s electronic notarial certificate to be read and authenticated;
- A copy of the instructions or techniques supplied by the vendor that allow the online notary public to conduct identity proofing and credential analysis.
These documents should be obtained from your vendor. You will attach them electronically when submitting your application.
6. Your online notary commission expires with your notary public commission.
In your application you are required to provide the dates of your current notary public commission and expiration. These must match those on file with the Secretary of State. Your online notary commission will run concurrently with your existing notary public commission and will expire on the same day, regardless of when the online commission was granted. Should you successfully reapply to be a notary public in your county, you will then be allowed to reapply to be an online notary.
Questions may be directed to The Tennessee Secretary of State, Business Services Division at 615-741-3699.
Alabama recognizes out of state Notarizations pursuant to Ala. Code § 35-4-26(b), which states, in the relevant part, that “the acknowledgment of any instrument executed outside the State of Alabama which is in compliance with the manner and form prescribed by the laws of the place of its execution, is executed in a state, territory, or insular possession of the United States or the District of Columbia, and is verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state.”
Alaska recognizes out of state Notarizations pursuant to Alaska Stat. § 09.63.050, which states, in the relevant part, that “Notarial acts may be performed outside the state for use in the state with the same effect as if performed by a notary public of the state by (1) a notary public authorized to perform notarial acts in the place in which the act is performed.”
Arizona recognizes out of state Notarizations pursuant to Ariz. Rev. Stat. Ann. § 33-501, which states, in the relevant part, that “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state: 1. A notary public authorized to perform notarial acts in the place in which the act is performed.”
Arkansas recognizes out of state Notarizations pursuant to Ark. Code. Ann. § 16-47-210, which states, in the relevant part, that “Notwithstanding any provision in this act contained, the acknowledgement of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or in the District of Columbia, or in the Philippine Islands, verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgement in the manner and form prescribed by the laws of this state for instruments executed within the state.”
California specifically recognizes out of state Notarizations pursuant to Section 1189(b) of the California Civil Code, which states that “Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made.”
Colorado recognizes out of state Notarizations pursuant to Colo. Rev. Stat. § 12-55-203, which states, in the relevant part, that “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments, in addition to any other person authorized by the laws and regulations of this state: (a) A notary public authorized to perform notarial acts in the place in which the act is performed…”
Connecticut recognizes out of state Notarizations pursuant to Conn. Gen. Stat. §§ 1-30 and 1-37, which states, in the relevant part, that “the acknowledgement of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory, or insular possession of the United States, or in the District of Columbia, verified by the official seal of the officer before whom it is acknowledged, and authenticated in the manner provided by subsection (2) of 1-36, shall have the same effect as an acknowledgement in the manner and form prescribed by the laws of this state for instruments executed within the state.”
Delaware recognizes out of state Notarizations pursuant to Del. Code Ann. Tit. 29 § 4324, which states, in the relevant part, that “(a) A notarial act has the same effect under the law of this State as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons: (1) A notary public of that jurisdiction… (e) A document notarized by a notary public or other person referenced in this section above, which appears on its face to be properly notarized, shall be presumed to have been notarized properly in accordance with the laws and regulations of the jurisdiction within the United States in which the document was notarized.”
Florida recognizes out of state Notarizations pursuant to Fla. Stat. § 695.03(2) of the which states “An acknowledgement or proof made out of this state but within the United States may be made before a civil-law notary of this state or a commissioner of deeds appointed by the Governor of the state; a judge or clerk of any court of the United States or any state, territory, or district; a United States commissioner or magistrate; or a notary public, justice of the peace, master in chancery, or registrar or recorder of deeds of any state, territory, or district having a seal, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be.”
Georgia recognizes out of state Notarizations pursuant to the Ga. Code. Ann. § 44-2-21(a), which states, in the relevant part, that “To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before: … (4) A notary public or justice of the peace of the country or city of the state or the state and county, city, or country where executed, with his seal of office attached; if such notary public or justice of the peace has no seal, then his official charter shall be certified by a clerk or any court of record in the county, city, or country of the residence of such notary or justice of the peace.”
Hawaii recognizes out of state Notarizations pursuant to Haw. Rev. Stat. § 502-45, which states, in the relevant part, that “The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without the State and within any other state, territory, district, or dependency of the United States, may be made before any officer of the state, territory, district, or dependency authorized by the laws thereof to take proof and acknowledgment of deeds and when so taken, and when the certificate of acknowledgment is in a form sufficient to entitle deeds of real property to be recorded in the appropriate office for recording in such state, territory, district, or dependency or in the form provided or permitted by any of sections 502-41 to 502-43, shall be entitled to be recorded and may be read in evidence in the State. The signature of such officer constitutes prima facie evidence that the acknowledgment is taken in accordance with the laws of the place where made and of the authority of the officer to take the acknowledgment.”
Idaho recognizes out of state Notarizations pursuant to Idaho Code Ann. § 55-703, which states, in the relevant part, that “The proof or acknowledgment of an instrument may be made without this state, but within the United States, and within the jurisdiction of the officer, before either: … (4) A notary public.”
Illinois recognizes out of state Notarizations pursuant to 765 Ill. Comp. Stat. 30/2, which states, in the relevant part, that “Notarial acts may be performed outside this State for use in this State with the same effect as if performed by a notary public of this State by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this State: (1) a notary public authorized to perform notarial acts in the place in which the act is performed… “
Indiana recognizes remote notarizations pursuant to SB-372, passed by the Indiana state legislature in early 2018.
A 2013 law included a provision that notarizations performed in another state would only be recognized in Iowa if the signer physically appeared before the Notary or notarial officer.
Kansas recognizes out of state Notarizations pursuant to Kan. Stat. Ann. § 53-505, which states “(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons: (1) A notary public of that jurisdiction… (b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in K.S.A. 53-506 have the same effect as if performed by a notarial officer of this state.”
Kentucky recognizes out of state Notarizations pursuant to Ky. Rev. Stat. § 423.110, which states, in the relevant part, that “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state: (1) A notary public authorized to perform notarial acts in the place in which the act is performed.”
Louisiana recognizes out of state Notarizations pursuant to La. Rev Stat. Ann § 35-513, which states, in the relevant part, that “The proof or acknowledgment of any deed or other written instrument required to be proved or acknowledged in order to enable the same to be recorded or read in evidence, when made by any person without this state and within any other state, territory, or district of the United States, may be made before any officer of such state, territory or district, authorized by the laws thereof to take the proof and acknowledgment of deeds, and when so taken and certified under his official seal, shall be entitled to be recorded in this state, and may be read in evidence in the same manner and with like effect as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments, and whose authority so to do is not intended to be hereby affected.”
Maine recognizes out of state Notarizations pursuant to Me. Rev. Stat. Tit. 4 § 1011, which states, in the relevant part, that “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws of this state: 1. A notary public authorized to perform notarial acts in the place in which the act is performed.”
Maryland recognizes out of state Notarizations pursuant to MD. Code Ann., GSG. STATE GOVERNMENT § 19-103, which states, in the relevant part, that “The acknowledgment of any instrument may be made outside the State but within another state and within the jurisdiction of the officer, before: … (3) a notary public.”
Massachusetts recognizes out of state Notarizations pursuant to Mass. Gen. Laws ch. 183, § 30(b), which states, in the relevant part, that “The acknowledgment of a deed or other written instrument required to be acknowledged shall be by one or more of the grantors or by the attorney executing it. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made … (b) If without the commonwealth, in any state, territory, district or dependency of the United States, before a justice of the peace, notary public, magistrate or commissioner appointed therefor by the governor of this commonwealth, or, if a certificate of authority in the form prescribed by section thirty-three is attached thereto, before any other officer therein authorized to take acknowledgments of deeds.”
Michigan recognizes out of state Notarizations pursuant to Mich. Comp. Laws § 565.262, which states, in the relevant part, that “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws of this state: (i) A notary public authorized to perform notarial acts in the place in which the act is performed.”
Minnesota recognizes out of state Notarizations pursuant to Minn. Stat. § 358.44, which states, in the relevant part, that “(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons: (1) a notary public of that jurisdiction.”
Missouri recognizes out of state Notarizations pursuant to Mo. Rev. Stat. § 442.150, which states, in the relevant part, that “The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers: 1. If acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public; or 2. If acknowledged or proved without this state and within the United States, by any notary public or by any court of the United States, or of any state or territory, having a seal, or the clerk of any such court or any commissioner appointed by the governor of this state to take the acknowledgment of deeds.”
Mississippi recognizes out of state Notarizations pursuant to Miss. Code. Ann. § 89-3-9, which states, in the relevant part, that “If the party who shall execute any conveyance of lands or personal property situated in this state, or if the witnesses thereto reside or be in some other state, territory in the Union, the District of Columbia, or in any possession of the United States, or land over which the United States has sovereign power, then the acknowledgment or proof may be made before and certified by the chief justice of the United States, or an associate justice of the Supreme Court of the United States, or a circuit or district judge of the United States, or any other United States judge, or any judge or justice of the supreme or superior court of any such state, territory, District of Columbia, or possession of the United States, or land over which the United States has sovereign power, or any justice of the peace of such state, territory, District of Columbia, possession, or land over which the United States has sovereign power, whose official character shall be certified under the seal of some court of record in his country, parish or other named official jurisdiction, or before any commissioner residing in such state, territory, District of Columbia, possession, or land over which the United States has sovereign power, who may be appointed by the governor of this state to take acknowledgments and proof of conveyances, or any notary public or a clerk of a court of record having a seal of office in said state, territory, District of Columbia, possession, or land over which the United States has sovereign power, and shall be as good and effectual as if the certificate of acknowledgment or proof had been made by a competent officer in this state.”
Montana recognizes out of state Notarizations pursuant to Mont. Code Ann. § 1-5-606, which states, in the relevant part, that “(1) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if it is performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons: (a) a notary public of that jurisdiction…”
Nevada recognizes out of state Notarizations pursuant to Nev. Rev. Stat. §§ 240.164, which states, in the relevant part, that “1. A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons: (a) A notary public of that jurisdiction…”
Nebraska recognizes out of state Notarizations pursuant to Nev. Rev. Stat. § 64-201, which states, in the relevant part, that “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state: (1) A notary public authorized to perform notarial acts in the place in which the act is performed.”
New Hampshire recognizes out of state Notarizations pursuant to N.H. Rev. Stat. Ann. § 4f56-B:4, which states, in the relevant part, that “I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons: (a) A notary public of that jurisdiction…”
New Jersey recognizes out of state Notarizations pursuant to N.J. Stat. Ann. § 46:14-6.1, which states, in the relevant part, that “a. The officers of this State authorized to take acknowledgments or proofs in this State, or in any other United States or foreign jurisdiction, are: … (2) a notary public; … b. The officers authorized to take acknowledgments or proofs, in addition to those listed in subsection a., are: (1) any officer of the United States, of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer’s authority to take acknowledgments or proofs.”
New Mexico recognizes out of state Notarizations pursuant to N.M. Stat. Ann § 14-14-4, which states, in the relevant part, that “A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons: (1) a notary public of that jurisdiction.”