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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Tennessee?

No, a notary public in the State of Tennessee is not required to maintain a notary journal unless they charge for the notarial service

 

“if the notary or the notary’s employer demands and receives a fee, the notary shall keep a record, either in an appropriate electronic form or in a well-bound book, of each of the notary’s acts, attestations, protestations, and other instruments of publication” (TCA 8-21-1201[b]).

Exemptions

“(1) If the notary or the notary’s employer does not demand or receive a fee for the notary’s services, no recordation of the notary’s acts, attestations, protestations, or other instruments of publication is required"

 

“(2)  If the notary or the notary’s employer demands and receives a fee for one (1) or more services but does not separately charge a fee for the notary services, then no recordation of the notary’s acts, attestations, protestations, and other instruments of publication is required” (TCA 8-21-1201[c]).

Recommended best practices for notary journals

Although the State of Tennessee does not require a notary public to complete a notary journal by law under most circumstances,

the following pieces of information are considered “best practice” to collect in a notary journal

  • Date and time of each notarial act

  • A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment) 

  • The printed full name, signature and address of each person for whom a notarial act is performed.

  • A description of the identification document, its serial or identification number and its date of issuance or expiration

  • The fee charged for the notarial service

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It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code. 

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Tennessee?

Yes, notaries in the State of Tennessee are authorized to perform remote online notarizations.

Do I have to record the Remote Online Notarization session?

Yes

[the secure electronic record] must contain... “(f) A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence” (RRT 1360-07-03-.03[8]).

What is the retention period for RON recordings?

5 years

“Records of an online notarization shall be retained, in a safe and secure manner, for five years following the date of the notarization. An online notary public must also maintain a backup of the electronic records for the same period of time. Both the original records and the backup shall be protected from unauthorized use. An online notary public may elect to store such recordings with a custodian or repository and such recordings may be stored separately from the journal as long as the corresponding journal entry cross-references the place of storage and describes the manner in which the record is stored” (RRT 1360-07-03-.03[12]).

Do I have to log RON sessions in a journal?

Yes, Tennessee notaries must keep records of remote online notarizations

 

“An online notary public, or his or her properly designated custodian or repository, must keep, for at least 5 years after the date of the transaction or proceeding, a secure electronic record of all electronic documents notarized by the online notary public, containing all of the following information" (RRT 1360-07-03-.03[8])

Journal format

Electronic journal required

 

“An online notary public, or his or her properly designated custodian or repository, must keep, for at least 5 years after the date of the transaction or proceeding, a secure electronic record of all electronic documents notarized by the online notary public, containing all of the following information" (RRT 1360-07-03-.03[8])

Journal entry requirements

  • “(a) The date and time of the notarization;

  • (b) The type of notarial act;

  • (c) The type, the title, or a description of the electronic document or proceeding;

  • (d) The printed name and address of each principal involved in the transaction or proceeding;

  • (e) Evidence of the identity of each principal involved in the transaction or proceeding in the form of: “1. A statement that the principal(s) is personally known to the online notary public; or both “2. A notation of the type of identification document provided to the online notary public for each principal; and “3. A notation that the principal(s) completed identity proofing and credential analysis procedures described by Rule 1360-07-03-.05 and both were satisfactory to verify the identity of the principal(s);

  • (f) A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and

  • (g) The fee, if any, charged for the notarization” (RRT 1360-07-03-.03[8]).

Reference Links

Helpful resources for Tennessee Notaries

  1. Tennessee Secretary of State Website

  2. Notary Public Handbook

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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