What is a solicitation?
"Solicit" or "solicitation" means any oral or written request, however, communicated, whether directly or indirectly, for a contribution. See T.C.A. §48-101-501(11).
"Solicit" or "solicitation" means any oral or written request, however, communicated, whether directly or indirectly, for a contribution. See T.C.A. §48-101-501(11).
The Tennessee Secretary of State offers an online search of charities. Please note, if you do not locate the organization, please consider the following:
RDA means “Records Disposition Authorization”. A Records Disposition Authorization (RDA) defines the proper storage and disposal method for a State record series. It includes a description of the record series, a retention schedule, destruction method, and other information.
The initial registration fee is $50 dollars. The fee for renewing your registration is based on the following scale:
GROSS REVENUE REGISTRATION FEE
$0 – $48,999.99 $80
$49,000 – $99,999.99 $120
$100,000 – $249,999.99 $160
$250,000 – $499,999.99 $200
$500,000 and above $240
We recommend filing a Notice of Rulemaking Hearing 52 days prior to the hearing.
The T.C.A. requires a notice to be posted 45 days prior to a hearing. In addition to the 45 days, our office is allotted 7 days to process your agency’s notice prior to posting it online.
Feel free to reference our Rulemaking Guidelines. You can also email the Publications Division at publications.information@tn.gov.
“Contributions" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or show of any kind which is advertised or offered in conjunction with the name of any charity. “Contribution” does not include bona fide fees, dues or assessments paid by members; provided, that membership is not conferred solely as consideration for making a contribution in response to a solicitation. See T.C.A. §48-101-501(3).
There are a lot of moving parts when it comes to filing notices and rules and we are here to help answer your questions! Our Rulemaking Guidelines packet can be a helpful resource to obtain general information about the filing process.
If you have any additional questions, you can email the Publications Division at publications.information@tn.gov
While the Secretary of State’s office is responsible for receiving and posting agency rules and regulations, we are not qualified to answer questions pertaining to rule content.
You can visit the Effective Rules table here. General contact information can be found at the bottom of each Authority’s rules page.
Renewal Filing fees are based the gross revenue for the filing period. Late fees are assessed per month.
For Renewal Dates after 7/1/2021:
Gross Revenue Filing Fee
Late Fees: $10/month
For Renewal Dates on or before 6/30/2021
Gross Revenue Filing Fee
Late Fees: $25/month
* Based on answers on the renewal form, an organization may qualify for an exemption because they received less than $50,000 in gross contributions from the public. Organizations that qualify for this exemption will not be charged a filing fee for the filing period.
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.
A civil penalties up to $5,000 may be imposed for each and any violation. Further, anyone who willfully and knowingly violates any provision of the Charitable Solicitations Act, or willfully and knowingly gives false or incorrect information in filing statements or reports to the division commits a Class B misdemeanor. A second or subsequent offense is a Class E felony.
Yes, for good cause shown (e.g. application for extension to file an exempt organization return that was filed with the IRS), the division may extend the time for filing a renewal application for a period not to exceed ninety (90) days, during which time the previous registration remains in effect. An organization may request a second extension of time for a period of sixty (60) days, as long as it provides proof that it has been granted an extension of time to file with the IRS.
An Administrative dissolution occurs for the following reasons:
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
Yes, the organization must renew its registration by the last day of the 6th month after the end of its accounting year.
Organizations that are exempt from the registration requirements of the Act include bona fide religious institutions, as defined by T.C.A. §48-101-502(c); educational institutions and supporting organizations as defined by T.C.A. §48-101-502(b); volunteer fire departments, rescue squads and local civil defense organizations; political parties, candidates, and Political Action Committees; hospitals; nursing homes; any corporation established by an act of congress of the United States that is required by federal law to submit annual reports of its activities to congress containing itemized accounts of all receipts and expenditures after being fully audited by the department of defense; and organizations that do not intend to solicit and receive and do not actually raise or receive gross contributions from the public in excess of fifty thousand dollars ($50,000) during a fiscal year. Organizations that do not intend to solicit and do not actually raise or receive gross contributions from the public in excess of fifty thousand dollars ($50,000) during a fiscal year must file an Exemption Request annually.
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.
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.