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"Solicit" or "solicitation" means any oral or written request, however, communicated, whether directly or indirectly, for a contribution. See T.C.A. §48-101-501(11).
An organization must file an Application for Registration of a Charitable Organization, along with its organizing documents (e.g. a charter) and, if it has obtained one, a letter of determination of tax-exempt status from the IRS. If an organization has completed an accounting year, it must file also file a Summary of Financial Activities form, an IRS form 990 (if the organization is required to file such), and an audited financial statement if its revenues exceed $500,000, excluding government grants and grants from private foundations.
“Contributions" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or show of any kind which is advertised or offered in conjunction with the name of any charity. “Contribution” does not include bona fide fees, dues or assessments paid by members; provided, that membership is not conferred solely as consideration for making a contribution in response to a solicitation. See T.C.A. §48-101-501(3).
“Charitable organization” means a group which is or holds itself out to be a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary organization, or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety, or any person who solicits or obtains contributions solicited from the public for charitable purposes. “Charitable organization” does not include any authorized individual who solicits, by authority of the organization, solely on behalf of a registered or exempt organization, or on behalf of an organization excluded from the definition of a charitable organization.
Service of Process is issued under the following statutes:
- Tennessee’s Long-Arm Statutes, Tennessee Code Annotated (T.C.A.) Title 20, Chapter 2, Part 2.
- The Tennessee Business Corporation Act, T.C.A. Title 48, Chapters 11-27
- Tennessee Nonprofit Corporation Act, T.C.A. Title 48, Chapters 51-68
- Tennessee Limited Liability Company Act ,T.C.A. Title 48,Chapters 201-248
- The Tennessee Revised Limited Liability Company Act, T.C.A. Title 48, Chapter 249
- The Tennessee Revised Uniform Partnership Act, T.C.A. Title 61, Chapter 1
- Tennessee Revised Uniform Limited Partnership Act, T.C.A. Title 61, Chapter 2
The Hague Convention is preprinted as an annotation to Rule 4, 28 U.S.C.A., Fed. R. Civ. P., Rules 1011, (1992) (Annotation to Rule 4).
All special library materials--books, magazines and playback equipment--are circulated through the mail postage free. Patrons must borrow books each year to remain eligible for the service.
The Division of Business Services processes over 13,800 summonses annually.
You must first complete an application for service and send it to the Tennessee library. All states provide the service for their residents.
The initial registration fee is $10 dollars.
Bimonthly magazines will tell you about newly released books and related library services: Talking Book Topics and Braille Book Review. You may also order general catalogs. You can always call the library to ask about authors and titles. The National Library Service catalog is searchable online.
You can edit and resubmit the registration again and include those items for which the previous application was denied. Additionally, if you believe the application was denied in error, the organization can ask for a hearing. The request must be made within 7 days of the date you receive notification that your application has been denied. A hearing shall occur within 7 days of receiving your request for a hearing. A determination shall be reached within 3 business days of your hearing.
Special playback equipment is loaned to patrons who use the library service. Books and magazines in the TLABM collection are recorded at a slower speed than conventional recordings and the books require special players. Players are mailed to patrons postage free. The library repairs and replaces equipment as necessary. For patrons who wish to purchase their own equipment, a vendor list is available.
The library service loans recorded, large print and braille books and magazines, music scores in large print and braille and special playback equipment. The TLABM book collection of over 50,000 titles includes popular fiction and nonfiction, best sellers, classics, history, biographies, religious literature, children's books and books in foreign language. There are over 70 popular magazines available. Go to Available Materials to find out more.
Yes, the initial registration and renewal forms shall be signed by two (2) authorized officers of the charitable organization, one of whom shall be the chief fiscal officer
The IRS grants federal tax exempt status. Contact information and detailed explanations of the tax exemption approval process can be found on the Internal Revenue Service (IRS) website.
The Service of Process Search allows you to check on the status of a Service of Process issuance by the defendant’s last name (or company name if a company) or by court docket number. This database reflects all non-archived processes served through the Tennessee Secretary of State as of three working days prior to the requested date. Service of Process records are archived on an annual basis.
A Service of Process filing may be rejected for many reasons. Some of the most common reasons are:
- An insufficient number of copies of the summons are submitted (an original and one certified copy are required for each defendant).
- An address for an out-of-state defendant is not provided.
- The defendant and/or agent for Service of Process has a Tennessee address requiring Service of Process by the Sheriff of the county of the defendant and/or agent not by the Secretary of State.
- The $20.00 filing fee is not enclosed.
- The check, bank draft, or money order is not made payable to the “Tennessee Secretary of State.”
- The original and/or certified copy of the summons is not signed by the Clerk or Deputy Clerk.
- The Clerk’s certified stamp, seal, or imprint is not affixed to the summons.
- The process is to be served on an insurance company requiring Service of Process through the Commissioner of the Tennessee Department of Commerce and Insurance.
- The action is instituted in a court outside Tennessee.
Organizations that are exempt from the registration requirements of the Act include bona fide religious institutions, as defined by T.C.A. §48-101-502(c); educational institutions and supporting organizations as defined by T.C.A. §48-101-502(b); volunteer fire departments, rescue squads and local civil defense organizations; political parties, candidates, and Political Action Committees; hospitals; nursing homes; any corporation established by an act of congress of the United States that is required by federal law to submit annual reports of its activities to congress containing itemized accounts of all receipts and expenditures after being fully audited by the department of defense; and organizations that do not intend to solicit and receive and do not actually raise or receive gross contributions from the public in excess of fifty thousand dollars ($50,000) during a fiscal year. Organizations that do not intend to solicit and do not actually raise or receive gross contributions from the public in excess of fifty thousand dollars ($50,000) during a fiscal year must file an Exemption Request annually.
A “Catastrophic Illness Trust” is defined as a trust or custodial account established to benefit those with a catastrophic illness, or a severe illness requiring prolonged hospitalization and/or doctors and medicines. Trustees or a bank or trust company acting as trustee are required to provide notice to the Division of Charitable Solicitations on establishment of the trust. This notice is required before soliciting donations in the State of Tennessee.
The trustees, other than a bank or trust company acting as trustee, are also required to file with the Division of Charitable Solicitations an annual accounting of the trust on the anniversary of the establishment of the trust. This accounting must include all revenue and expenditures of the trust. The trustees must keep true and accurate financial records of the trust for no less than three (3) years. In addition, the Secretary of State may compel additional production of documents, exhibits, or things by any person which the Secretary believes to be pertinent in conducting any investigation.