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Law

TN House Bill 633

Notary Law Update: TN House Bill 633

State: Tennessee

Summary:
House Bill 633 authorizes an attorney or custodian of an original document to certify before a Notary Public that an electronic document is a true and exact copy of the original document.

Signed:  April 20, 2021

Effective:  July 01, 2021

Chapter: 181

Affects:
Amends Section 66-24-101 of the Tennessee Code Annotated.

Changes:
  1. Authorizes an attorney licensed to practice law or the custodian of an original version of an electronic document is a true and exact copy of the original document.
  2. Requires the attorney’s or custodian’s certification to be sworn to and subscribed before a Notary Public.
  3. Provides a statutory form for the attorney or custodian certification.
Analysis:

A popular type of legislation now being enacted throughout the U.S. authorizes a paper printout of an electronically notarized document to be certified as a true copy and recorded in the local land records. In most states, it is considered the notarial act of “copy certification” and a Notary is the one who typically certifies that the paper copy of the electronically notarized document is a true copy. Tennessee has enacted a variation of this. It is not technically the Notary who is certifying the copy; a licensed attorney or custodian of the electronic document must sign a statement certifying the copy. The Notary then notarizes the attorney’s or custodian’s statement by performing a jurat or verification on oath or affirmation.

Read the bill text.

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