The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
A backup of the electronic records shall also be maintained for five years following the date of the notarization.
A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
The original records and backup shall be protected from unauthorized use.
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.
Can I search the Motor Vehicle Temporary Lien database?
Click here for the Motor Vehicle Temporary Lien database.
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).
I'm registered with multiple vendors; do I have to update my remote online notary information with all their information?
Yes, each vendor that you are utilizing their software to remotely notarize documents should be listed in your dashboard under your vendor technologies. You have the option to add new vendor technologies in your dashboard for free. The same documents are required to be uploaded.
How many summonses do the Division of Business Services process annually?
The Division of Business Services processes over 13,800 summonses annually.
How do I record a Motor Vehicle Temporary Lien?
A Motor Vehicle Temporary Lien may be obtained by filing the following information:
A completed Application for Motor Vehicle Temporary Lien, form SS-4258;
Payment of the $10 filing fee
Once the application has been processed a cover letter and the form will be returned for your records.
What are the online notary seal requirements?
In accordance with Tennessee Rule 1360-07-03-.04, an online notary public shall use an electronic seal that substantially conforms to the following design: a circular, square, or rectangular seal with the notary public's name as it appears on the commission printed at the top, the county of election printed at the bottom, the words 'Tennessee Notary Public' printed in the center, and the words "Online Notary Public" printed below. The electronic seal must also be accompanied by a statement of the date upon which the online notary public's commission expires.
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Where can I find permanent Certificate of Title and Other Motor Vehicle Lien information?
Do you have a list of approved third-party vendors for Online Notaries?
No, the Tennessee Secretary of State does not recommend nor endorse any third-party vendors. Whatever platform you choose should provide identity proofing, credential analysis, and storage for your video recordings of notarial acts. It should also be capable of attaching your electronic seal, electronic signature, and electronic notarial certificate to an electronic document.
I am interested in serving on a board, how can I get information?
We think it’s great you are interested in serving on one of Tennessee’s many boards and commissions!
To inquire about serving on a specific board, please reach out to the appointing authority of that board.
If you are unsure of the appointing authority, you can search our Boards and Commissions page here. Some boards have multiple appointing authorities, by clicking on a specific member’s name, you can see who is responsible for appointing a person to that particular position.
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
Where do I find the law for the Motor Vehicle Temporary Lien program?
The law relating to the Motor Vehicle Temporary Lien program is found in the Tennessee Code at §55-3-126(f). You can access the Tennessee Code at: Michie/LexisNexis.
Where do I mail my Motor Vehicle Temporary Lien application?
Tennessee Secretary of State
Division of Business and Charitable Organizations
MVTL Section
6th Floor, Snodgrass Tower
312 Rosa L. Parks Avenue
Nashville, TN 37243
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.
Where do I find the application to file a Motor Vehicle Temporary Lien?
Click Here to prepare or file the application online.
When does a Motor Vehicle Temporary Lien terminate?
A temporary lien properly filed with the Business Services Division automatically terminates after 180 days or upon being otherwise perfected, whichever occurs first. After 270 days, the temporary lien documents are purged from the filing system and destroyed.
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.
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.
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.
What documentation do I need to submit with my remote online notary application?
The name of your vendor and a description of the technologies it uses to provide the services listed in the Tennessee Rules [1360-07-03-.02(h), (i), (l ), (m), (n)]
An explanation of the method or technology you will use to maintain an electronic notary journal as required by the Rules;[1360-07-03-.03(12)]
A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
A copy of the instructions or techniques supplied by the vendor that allows the online notary public's electronic notarial certificate to be read and authenticated;[1360-07-03-.04(8)]
A copy of the instructions or techniques supplied by the vendor that allow the online notary public to conduct identity proofing and credential analysis. [1360-07-03-.02(m)]
What is the difference between E-Notaries and Remote Online Notaries?
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.
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.