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.
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
Tennessee has a replevin law that provides for the restoration of alienated public records to their rightful custodians. Law enforcement authorities can reclaim these documents without any compensation to the would-be private owner. Contact TSLA if you have knowledge of the whereabouts of misplaced public records, or if you would like to report a lost or stolen public record. We can offer advice on how to proceed. We generally advise callers to contact their county attorney, county sheriff, or county archivist, depending on the unique circumstances of each county. Even though it is up to law enforcement authorities to prosecute theft, we have been able to aid several Tennessee counties in recovering their lost or stolen public records.
Staff members at TSLA's Archives Development Program will work with you to determine whether items are, indeed, government records that belong in a state or county archive. By avoiding the purchase of stolen records on eBay or through other auctions, you will ultimately save time, the loss of your money, and potential lawsuits. It will also ensure that we, as Tennessee citizens, continue to have access to the records of our own government.
f you are a document collector, dealer, or staff member at an archives, library, historical society, or museum, you can:
Any person who is required by law to be registered under any of the following is not eligible to participate in the program:
In April of 2018, the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act went in effect as of July 1, 2019. The Act defines “Online Notarization” as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor. This Act authorizes Tennessee notaries to perform remote online notarizations after the completion of an application and approval from the Tennessee Secretary of State. The steps which must be taken for a notary to perform online notarizations can be found in the Online Notary Public Guide.
Sometimes, collectors like to obtain records relating to, for example, Civil War history or African-American slavery. For more information about the nationwide interest in these items, see our article on "eBay Sales of Public Records."
In some cases, well-meaning citizens have "saved" their county records from destruction or neglect years ago. In other cases, county archives did not exist, and the records were long stored in private hands. Now, however, most counties have a safe place to store county records, and the items need to be returned to their proper location. Please contact TSLA if you need help getting in touch with the proper state or county official in order to return public records in someone's possession.
An individual should consider applying if they are victims of domestic abuse, stalking, human trafficking, or any sexual offense, who:
The application can be completed by:
Program participants may be required to provide their residential street address to a public utility service provider for the purpose of obtaining utility services. However, participants can request that their residential address be treated as confidential by presenting the public service utility with a certificate of program participation.
After doing so, the public utility service provider must treat the residential address and all other identifying information as confidential in accordance with the Tennessee Public Records Act, compiled at Title 10, Chapter 7, Part 5.
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.
With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:
"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 directory of District Attorneys can be found at Tennessee District Attorneys General Directory.
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.
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.
In e-notarization, the notarization uses digital signatures but must occur in the physical presence of the notary, similarly to a traditional/pen and paper notarization. In remote notarization, the person is not in the physical presence of the notary but is present through audio and visual equipment such as a webcam.
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?
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.
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.
The third-party vendor you have chosen should provide you with the certificate.
The portion of a notarized electronic document that is completed by the notary public, bears the notary public's electronic signature and official electronic seal, official title, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization.
The application fee is $75.
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.