APD considers cases from most state agencies, various city and county governmental agencies, and state universities resulting in over 430 different types of cases. On average over 8,100 cases are referred to APD each year. The majority of these cases involve property tax appeals, TennCare appeals, and appeals from the seizure of an individual’s assets.
How do I check on the status of my notary commission?
You can check with your county clerk's office to see if the request has been submitted to our office. You can also go to the Notary Search page and search for your information to check the status of your commission at https://tnbear.tn.gov/Notary/notary
How do I contact other State Agencies?
For some questions you may have regarding your case, you may be instructed that your question is better directed to the government agency that is the opposing party in your case rather than to APD. You should direct those questions to the opposing attorney who represents the government agency or contact the government agency using the contact information contained in your Notice of Hearing or Notice of Hearing and Charges.
One example may be a question regarding how you are to pay the cost for your case. APD charges each government agency based upon the hours spent on each case. Each government agency has different rules and policies on if they can then in turn charge the petitioner. If you have been billed for your case, you would have been billed by the government agency involved in your case, not by APD. Questions regarding those charges should, therefore, be addressed to the government agency involved in your case.
What is an Administrative Dissolution?
An Administrative dissolution occurs for the following reasons:
Failure to file an annual report
Being without a registered agent
A foreign entity fails to maintain its assumed name due to a name conflict
Returned payment by a financial institution
What is a Certificate of Existence?
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
Can a notary perform marriages?
Yes, Public Chapter No. 255 of the 112th General Assembly changes the language allowing notary publics to perform marriages. There are no additional provisions to regulate how Notaries perform marriages, but they must follow the rules required of all officiants. Effective April 28, 2021.
How do I handle a complaint about the conduct of a Notary?
A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.
"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."
Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.
A Notary’s term of office is four years. The four-year term begins on the date that the notary commission is issued by the Governor. It is a Class C misdemeanor for a Notary to act in an official capacity after the expiration of their notary commission.
Where do I obtain my notary stamp?
A commissioned notary can purchase a notary stamp through the county clerk's office or from an office supply company.
How do I change my name and/or address of my notary commission?
Contact the county clerk's office you were commissioned in to submit a name and/or address change along with a fee for the change.
What is an Assumed Name?
An assumed name is a name other than the true entity name under which it conducts business. Tennessee does not recognize 'DBAs' (doing business as) or fictitious names. The assumed name is good for 5 years and can be renewed.
What are the most common reasons for rejection of an Annual Report?
The correct fee is not paid. The annual report fee for a corporation is $20, and an additional $20 is required if any change is made concerning the registered agent/registered office. The annual report fee for LLCs is $300 minimum up to a maximum of $3000. The fee increases by an additional $50 per member for every member over 6 members up to a maximum of $3,000.
An officer is not listed. If the business is a Tennessee for-profit corporation, the corporation must list at least one officer. If the business is a Tennessee nonprofit corporation, a president and secretary or required.
The board of directors are not listed, the box indicating that the board is the same as the officers listed is not marked, or the box indicating that the corporation does not have directors is not marked.
The annual report is not signed and/or dated.
The annual report is not typed or filled out in ink.
What are the most common reasons for rejection of a filing?
The required filing fee was not enclosed.
The document has not been signed
The document is not clear and legible.
The document was not enclosed.
The document is not dated.
An email address was not provided.
The name that you have requested is unavailable because it is not distinguishable from another business entity on file.
We were not able to obtain tax clearance from the Department of Revenue. Please, contact the Tennessee Department of Revenue at (615) 253-0600 or (800) 342-1003. Once you have satisfied their requirements, resubmit your document to our office for filing.
The address of the registered office must be a physical Tennessee address; it cannot be a post office box, route number, or box number alone.
Why does my business entity show up as inactive?
A business entity that has failed to file its annual report on a timely basis may be administratively dissolved and placed in inactive status. The filing history of every business is shown in the Business Information Search. Click on “filing history” for details on your business.
What is a registered agent?
A registered agent is a person or company who agrees to accept legal mail on behalf of your entity. Tennessee requires that all entities (except General Partnerships (GP) to maintain a registered agent/office in the State of Tennessee at all times.
When do I need a certificate of tax clearance from the Tennessee Department of Revenue?
Tax clearances are required to obtain a certificate of existence, to reinstate, and to terminate, cancel or withdraw an entity from Tennessee.