You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
What happens if I file a Title III (HAVA) complaint?
Complaints must be filed on a Title III HAVA complaint form. Complaint forms may be found at your local county election office, the State Coordinator of Elections office or online.
All complaints must be in writing, notarized, signed, and sworn to by the complainant. The complaint may be filed with either the Coordinator of Elections or the local county election office.
Once a formal complaint is filed, the Coordinator of Elections or designee will decide the resolution of the complaint.
A complainant may request a hearing on the record.
The Coordinator of Elections or designee will gather information which may include written responses from the parties. Once all the information is gathered, the Coordinator of Elections or designee will determine whether or not there is a violation of Title III.
If it is determined that a violation of Title III has occurred, the State shall provide an appropriate remedy in accordance with Title III.
If it is determined that no violation of Title III has occurred, the State shall publish the dismissed complaints of the procedures.
A final determination must be made within 90 days of the complaint being filed. Only the complainant may agree to extend this period of time.
If a final determination is not made within 90 days and no extension is granted, the complaint shall be resolved within 60 days through alternative dispute resolution. All previous proceedings, including the record and any correspondence, shall be forwarded to an administrative law judge for alternative dispute resolution.
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).
Does my complaint qualify as a Title III HAVA complaint?
Title IV of the Help America Vote Act requires each state to establish a state-based administrative complaint procedure. This procedure allows individuals to file a complaint if any person believes that a violation under Title III of the Help America Vote Act has occurred, is occurring or is about to occur.
A violation of Title III would include issues dealing with the following HAVA sections:
voting system standards
provisional voting
voter information requirements
statewide voter registration database and
accessibility for persons with disabilities
If your complaint does not fall within one of the above categories, you may still file a complaint with your local county election office, the State Coordinator of Elections office or online using a general complaint form.
How many summonses do the Division of Business Services process annually?
The Division of Business Services processes over 13,800 summonses annually.
Where do I send the Title III (HAVA) complaint form?
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.
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.
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.