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If you are unsure as to what type of business (i.e. Corporation, Limited Liability Company, Partnership, etc.), you may need to contact an attorney or tax professional, as this office is unable to assist in that determination. For information on types of business entities and tax, treatments consult the IRS, Tennessee Office of the U.S. Small Business Administration or the Business Enterprise Resource Office (BERO) at the Tennessee Department of Economic and Community Development.
- Corporations*
- Limited Liability Companies (LLC’s)*
- Limited Partnerships (LP’s)*
- Limited Liability Partnerships (LLP’s)*
- General Partnerships+
*All of the above business entities file formation documents.
+Filings by general partnerships are not for the purpose of forming or maintaining a general partnership in Tennessee. Document filing is for the purpose of providing public notice of basic information about a general partnership, such as the agency authority of its partners, and such filings are optional and voluntary.
Military personnel, their family members and overseas voters (UOCAVA voters) may receive their absentee ballot via e-mail or by-mail upon request. UOCAVA voters may track when the ballot was received by their local county election commission office. The voted ballot must be received by the local county election commission office by the close of polls on election day to be counted. Please see our complete guide on How to Vote Absentee for Military and Overseas Voters.
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.
You may obtain Form #SS-4507, Application for Certification of Municipal Clerks & Recorders and Continuing Education Credit, from our website or upon request from our office.
For certification, the application must be accompanied by a copy of the certificate(s) from the institution(s) at which the qualifications were completed. The certificate(s) (other than a degree) should indicate the number of hours completed. If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content.
For continuing education credit, the application must be accompanied by a copy of the certificate(s) of attendance and a statement as to the number of credit hours completed. If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content. Please note that the Division of Business Services does not pre-certify seminars for content applicability or for applicable credit hours. Applications are accepted by mail, fax or in person. Upon receipt and approval of an application, the Division of Business Services will issue to the applicant a certificate confirming the certification or continuing education credit.
Program Participants are not subject to selection for state or municipal jury duty. T.C.A. § 40-38-607.
Program participants should not appear on state or municipal jury selection lists. If a program participant is selected for jury service, the summoning court should excuse the program participant.
If a program participant receives a jury summons for either state or municipal jury duty, the Participant must notify the summoning court of the participant's exempt status and provide a copy of the Participant's Certificate of Program Participation, if requested.
Participants may not fail to respond to a jury summons.
No. The voter will receive absentee ballots for all regularly scheduled elections for the calendar year in which the request is submitted.
Note that it is the voter’s responsibility to keep the local county election office informed of any changes of address. The ballots will be mailed or e-mailed, depending on the choice of the voter, to the address that is originally submitted to the local county election office until further notice from the voter.
Applications may be received no earlier than January 1 of the year in which the election is to be held unless the election is to be held less than ninety (90) days after January 1 of the calendar year. In that case, the application may be received no earlier than ninety (90) days before the election and no later than seven (7) days before the election.
The voted ballot must be received by mail by the close of the polls on election day. If the ballot is rejected, the registered voter will be notified that the ballot was rejected and why the ballot was rejected.
A municipality with a population of 1,500 or more according to the 1990 Federal Census or any subsequent Federal Census, which employs an officer or employee responsible for exercising any of the duties of Municipal Clerk & Recorder, must have at least one certified person. For other municipalities, certification is optional.
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
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
No. If you meet the qualifications to register to vote in Tennessee but have not registered prior to requesting an absentee ballot and you fall into one of the above categories, your application for absentee ballot will be treated as an application for temporary registration.
Normally, an individual who registers to vote by mail must appear in person in the first election the person votes in after such registration becomes effective. This provision is waived in the case of military personnel, their family members, or overseas citizens. However, since this is only a temporary registration, once you are no longer eligible to vote under this provision of the law, you must complete a voter registration form and submit the form to your local county election commission prior to voting in any subsequent election.
If you are a registered voter prior to requesting an absentee ballot under this provision, the above information does not apply to you.
Tennessee allows you to receive an absentee ballot by mail or e-mail. Please indicate how you would like to receive your absentee ballot on your request. If you indicate e-mail, provide your e-mail address (on the Form 76 your e-mail address should be provided in Block 2) with the request. If you do not indicate how you want your absentee ballot sent, the absentee ballot will be mailed. Tennessee does not allow you to receive your absentee ballot by fax.
If a voter notifies the election commission that he or she has “spoiled” a ballot or has not received the ballot, the election commission shall note on the records that subsequent supplies have been sent and supply the voter with subsequent voting supplies.
After timely requesting an official absentee ballot, Armed Forces personnel and overseas voters who feel that there may not be a sufficient amount of time to receive and then return the voted ballot may also use the Federal Write-In Absentee Ballot (FWAB).
Instructions for completing an FWAB, the FWAB ballot and envelopes may be found at FVAP.gov.
Note: If both ballots are received prior to the close of the polls on election day, the county election commission will count the official ballot it provided to the voter.
- Whenever a program participant is required by law to swear to or affirm the participant’s address, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
- Wherever a program participant is required by law to establish residency, the participant may use the participant’s substitute address. T.C.A. §§ 40-38-602, 606.
- The substitute address may be used for motor vehicle records and may be printed on a drivers license. T.C.A. § 40-38-602.
- The substitute address may also be used as your official mailing address for all public utilities and public utility service providers. T.C.A. §§ 40-38-602, 606.
- Participants may also request that private entities use the substitute address, although they are not required to do so.
Private businesses are not required by statute to accept a Safe at Home Participant's substitute address. However, private companies or agencies are encouraged to make every effort to keep a participant’s information safe by accepting the substitute address whenever possible. If agency or business employees have questions about using the substitute address, they may contact the Safe at Home Program directly.
- When listing, appraising, or assessing property taxes;
- When collecting property taxes;
- On any document related to real property recorded with a county clerk or recorder.
Program Participants must vote by absentee ballot. T.C.A. § 40-38-607.
Program participant absentee ballots must be treated as confidential and must be processed confidentially by the Administrator of Elections. Program participants shall appear in the statewide official voter registration list only by the Participant Identification Number.
As authorized by law, properly designated law enforcement agency officials and administrative agency officials may request disclosure of information relating to a program participant. T.C.A. § 40-38-609. What information may be available to law enforcement or administrative agency officials?
- Properly designated law enforcement agency officials and administrative agency officials may request confirmation of program participation pertaining to a supposed program participant.
- Properly designated law enforcement agency officials and administrative agency officials may request disclosure of information pertaining to a program participant, including the confidential address, subject to the discretion of the Secretary of State. Program Participants may be entitled to prior notice and appeal rights.
- Disclosure of a participant’s confidential address, or any other information contained within a program participant’s file, shall be limited to ensure that the disclosure and dissemination of the confidential address will be no greater than necessary for the specific purpose for which it was requested.
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.
- 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.
- 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.
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.
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.
Tax clearances are required to obtain a certificate of existence, to reinstate, and to terminate, cancel or withdraw an entity from Tennessee.
To retain certification, a certified person is required to attend a minimum of 18 hours of continuing education courses every 3 years. This requirement may be met by attending a minimum of 18 credit hours from any of the following or combination thereof, provided that the hours were not used to complete the required hours of education for certification:
- The Academy for Advanced Education (U.T.);
- The International Institute of Municipal Clerks annual conference or state, provincial or regional clerks meetings;
- Seminars conducted by the Tennessee Municipal League;
- Leadership and Technical Programs (U.T. Municipal Training); or
- Job-related seminars.
- Any person who is licensed to practice law in Tennessee and who satisfies continuing legal education requirements
- Any person who has been appointed or is acting in the capacity of a city manager or administrator and who possesses a M.A. degree in public administration
- Any person who is a certified public accountant holding a certificate as provided in Section 62-1-106 or Section 6-1-107
- Any person who has served as both a city judge and city recorder for at least 25 years
To be certified, a person must obtain certification from the International Institute of Municipal Clerks or must complete a minimum of 100 credit hours from any of the following or combination thereof:
- The Municipal Clerks Institute (U.T.);
- The U.T. Center for Government Training
- Seminars conducted by the Tennessee Municipal League;
- Leadership and Technical Programs (U.T. Municipal Training);
- Job-related seminars; or
- An A.A. or A.S. degree (maximum credit of 25 hours) or a B.A. or B.S. degree (maximum credit of 50 hours), provided that credit will be given for only one degree.