I work for an agency, how many days before a Rulemaking Hearing must I file a notice?
We recommend filing a Notice of Rulemaking Hearing 52 days prior to the hearing.
The T.C.A. requires a notice to be posted 45 days prior to a hearing. In addition to the 45 days, our office is allotted 7 days to process your agency’s notice prior to posting it online.
I have a question about the rule filing process, who can I contact?
There are a lot of moving parts when it comes to filing notices and rules and we are here to help answer your questions! Our Rulemaking Guidelines packet can be a helpful resource to obtain general information about the filing process.
I have a question regarding a posted rule online, who can I contact?
While the Secretary of State’s office is responsible for receiving and posting agency rules and regulations, we are not qualified to answer questions pertaining to rule content.
You can visit the Effective Rules table here. General contact information can be found at the bottom of each Authority’s rules page.
Under what legal authority does the Secretary of State accept service of process?
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
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).
How many summonses do the Division of Business Services process annually?
The Division of Business Services processes over 13,800 summonses annually.
How can I check on the status of a request for issuance of Service of Process?
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.
What reason might a Service of Process filing be rejected by the Division of Business Services?
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.
Why is my name on the UCC form?
We index information in the UCC system based upon the name of the debtor.
What does the indebtedness language mean?
The required indebtedness language is “Maximum principal indebtedness for Tennessee recording tax purposes is $____________________________.” Tennessee law imposes a recording tax on any instrument evidencing indebtedness, including, but not limited to, mortgages, deeds of trust, conditional sales contracts, and financing statements.
The “indebtedness” is the principal debt or obligation which is reasonably contemplated by the parties to be included within the terms of the agreement. "Indebtedness" does not include any amount of interest, collection expense including, but not limited to, attorney's fees and expenses incurred in preserving, protecting, improving, or insuring property which serves as collateral for the indebtedness, or any other amount, other than the principal debt or obligation, for which a debtor becomes liable unless such amount is added to the principal debt or obligation, and is used to calculate additional interest pursuant to refinancing, reamortization, amendment or similar transaction or occurrence.
How do I get a copy of a filing?
Request a search by filing an Information Request (UCC11). The fee for a copy search is $15.00 for each filing plus $1.00 per page.
Can I see the UCC financing statement online?
Our online search (https://TNBEAR.TN.gov/UCC) displays summary information about a financing statement (debtors, secured parties, dates). Information Requests (UCC11) can now be submitted online and as soon as payment is complete, you are able to retrieve a .pdf file of the images.
Please note that a financing statement fling will not appear in a UCC11’s search results until the processed-through date in the office has passed the online filed date and time. The processed-through date appears in red at the top of the UCC Online Services page
Can I use my credit card?
Currently, credit cards, debit cards, and e-check payments are available for web filed documents. File online at https://TNBEAR.TN.gov/UCC
Can I FAX or E-MAIL my filing?
We do not accept faxed or emailed filings. However, you may file online at https://TNBEAR.TN.gov/UCC.