Tenn. Comp. R. & Regs. 1360-07-03-.02 - APPLICATION FOR ONLINE NOTARY PUBLIC COMMISSION; RENEWAL

(1) A person who has been previously commissioned as a notary public by a county legislative body, and meets the qualification requirements for commissioning as a notary public as outlined in Tennessee Code Annotated Title 8, Chapter 16, may submit an application for commissioning as an online notary public by submitting to the Department of State, Division of Business Services the prescribed application form including the following information:

(a) The applicant's legal name as listed in the records of the county where the applicant is commissioned as a notary public;

(b) The applicant's physical address in this state, as is on record with the clerk of the county in which the notary is commissioned, which includes the street address, city, state, and zip code. The applicant may provide a post office box number for purposes of receiving mail from the Secretary of State, but must also provide a physical address;

(c) A valid email address for the applicant;

(d) A valid telephone number for the applicant;

(e) The county in this state where the applicant was commissioned as a notary public;

(f) The date the applicant was commissioned as a notary public;

(g) The date the applicant's commission is set to expire;

(h) The name of the vendor and electronic technology or technologies to be used in attaching or logically associating an electronic notarial certificate, signature, and seal to an electronic document;

(i) The name of the vendor and electronic technology or technologies to be used in conducting identity proofing and credential analysis;

(j) A copy of the applicant's electronic notarial certificate (otherwise known as a digital certificate) or other technology for rendering a notarized electronic document tamper-evident;

(k) A copy of the applicant's electronic seal, in a file format acceptable to the department;

(l) A copy of any necessary instructions or techniques supplied by a vendor that allow the online notary public's electronic notarial certificate and seal to be read and authenticated;

(m) A copy of any necessary instructions or techniques supplied by a vendor that allow the online notary public to conduct identity proofing and credential analysis;

(n) An explanation of the methods and/or technology by which the online notary public will maintain and store the secure electronic records of all electronic documents notarized by the online notary public in accordance with Rule 1360-07-03-.03(8);

(o) A certification confirming that the applicant will comply with the following standards prescribed by the Secretary of State; and

(p) An application fee of $75.00.

(2) The Secretary of State shall issue an online notary public commission to a qualified applicant who meets the eligibility requirements stated in these rules, has submitted a properly completed and executed application, and has submitted the required application fee.

(3) An online notary public may renew his or her online notary public commission by filing an application for renewal in the same manner and on the same form as if filing an initial application for commission. The renewal must be received by the Secretary of State no later than the expiration date of the online notary public's current commission. The Secretary of State shall determine eligibility for renewals according to the same standards as initial applications, and shall not be bound by prior determinations of eligibility.

Online notary public commissions will terminate on the same date on which the county notary public commission terminates regardless of when the online notary public commission was granted.

(4) Applications must be submitted online to the Department of State Division of Business Services via the online portal established by the Department at sos.tn.gov.

Notes

Tenn. Comp. R. & Regs. 1360-07-03-.02

Emergency rules filed April 15, 2019; effective through October 12, 2019. Emergency rules expired effective October 13, 2019, and the chapter reverted to its previous status. Original rules filed October 9, 2019; effective 1/7/2020.

Authority: T.C.A. §§ 8-16-301, et seq. (Public Chapter 931, effective April 18, 2018).