Legislation
State: Tennessee
Signed: April 20, 2021
Effective: July 01, 2021
Chapter: 181
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.
Affects
Amends Section 66-24-101 of the Tennessee Code Annotated.
Changes
- 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.
- Requires the attorney’s or custodian’s certification to be sworn to and subscribed before a Notary Public.
- Provides a statutory form for the attorney or custodian certification.
AnalysisA 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 House Bill 633.