As used in this part:

(1) “Appear” or “appearance” or “personally appear” means:

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Terms Used In Tennessee Code 8-16-302

  • Credential analysis: means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources. See Tennessee Code 8-16-302
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 8-16-302
  • Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Tennessee Code 8-16-302
  • Electronic seal: means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents. See Tennessee Code 8-16-302
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document. See Tennessee Code 8-16-302
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notarial act: means the performance by an online notary public of a function authorized under §. See Tennessee Code 8-16-302
  • Online notarization: means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under §. See Tennessee Code 8-16-302
  • Online notary public: means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part. See Tennessee Code 8-16-302
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
(A) Appearing physically before a notary public; or
(B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state;
(2) “Credential analysis” means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;
(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(4) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means;
(5) “Electronic notarial certificate” means the portion of a notarized electronic document that is completed by an online notary public and contains the following:

(A) The online notary public’s electronic signature, electronic seal, title, and commission expiration date;
(B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and
(C) The facts attested to or certified by the online notary public in the particular notarization;
(6) “Electronic seal” means information within a notarized electronic document that confirms the online notary public’s name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents;
(7) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document;
(8) “Identity proofing” means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources;
(9) “Notarial act” means the performance by an online notary public of a function authorized under § 8-16-112;
(10) “Online notarization” means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16-305;
(11) “Online notary public” means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part;
(12) “Principal” means an individual:

(A) Whose electronic signature is notarized in an online notarization; or
(B) Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and
(13) “Remote presentation” means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:

(A) Identify the individual seeking the online notary public’s services; and
(B) Perform credential analysis.
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