Authentication

  1. Law
  2. Tennessee Code
  3. Property
  4. Acknowledgment of Instruments
  5. Authentication

Checkout our iOS App for a better way to browser and research.

  1. Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature, and the signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. The county register may refuse to record any instrument or document not authenticated in accordance with this section.
  2. For purposes of this section, “person's original signature” includes an electronic signature as defined in § 8-16-302.
  3. For purposes of this title and subject to subsection (d), a person may personally appear before the officer taking the acknowledgment by:
    1. Appearing physically before the officer; or
    2. Appearing 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 pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter.
  4. The acknowledging officer must designate in the acknowledgment form whether the principal personally appeared before the officer by means of an interactive two-way audio and video communication pursuant to subdivision (c)(2). If the person appears by means of an interactive two-way audio and video communication, the appearance and the certificate shall be deemed compliant with this chapter if the acknowledging officer amends the acknowledgment forms set forth in §§ 66-22-107, 66-22-108, and 66-22-114, to read “personally appeared before me by audio-video communication” or “personally appeared by audio-video communication” or “before me appear by audio-video communication” rather than “personally appeared before me” or “personally appeared” or “before me appear”.

Code 1858, § 2038 (deriv. Acts 1805, ch. 16, § 2; 1807, ch. 85, § 3; 1831, ch. 90, § 1; 1839-1840, ch. 26, § 1); Shan., § 3712; Code 1932, § 7630; T.C.A. (orig. ed.), § 64-2201; Acts 1986, ch. 717, § 1; 2004, ch. 576, § 1; 2018, ch. 931, § 1.

Compiler's Notes. Earlier statutes as to authentication included Acts 1715, ch. 28, § 5; 1766, ch. 4, § 2; 1770, ch. 9; 1777 (Apr.), ch. 10; 1782, ch. 5, § 2; 1784 (Apr.), ch. 21, § 2; 1788, ch. 24, § 2; 1794, ch. 22, § 2.

Amendments. The 2018 amendment, effective July 1, 2019, added (b)-(d); and, substituted “by that person's original signature, and the signature” for “by that person's original signature and such signature” in present (a).

Effective Dates. Acts 2018, ch. 931, § 5. July 1, 2019; provided that for administrative and rulemaking purposes, the act took effect May 15, 2018.

Cross-References. Authentication by witnesses, title 66, ch. 23.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Acknowledgments, §§ 3, 4, 15; 18 Tenn. Juris., Mechanics' Liens, § 15; 21 Tenn. Juris., Recording Acts, § 8.

Law Reviews.

Survey of Tennessee Property Law, IV. Transfers of Land (Beverly A. Rowlett), 48 Tenn. L. Rev. 53, 72 (1980).


Download our app to see the most-to-date content.