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- A nonresident fiduciary is a person who does not reside in Tennessee, or a bank or trust company not authorized to do business in Tennessee, that is appointed by will, deed, trust agreement, court order or otherwise to serve as trustee of a corporate or personal trust, personal representative of an estate, guardian, conservator for an incompetent person, guardian for a minor or in any other fiduciary capacity.
- Only certain types of individuals, banks or trust companies may serve as nonresident fiduciaries. Please consult Tennessee Code Annotated, Section 35-50-107 for a complete listing of qualified persons or entities.
Yes, however, in the case of events to which tickets are being donated to a charitable organization, the professional solicitor is responsible for attaining a written commitment from the charitable organization stating that they will accept donated tickets and specifying the number of tickets they are willing to accept. No more contributions for donated tickets that will be accepted may be solicited by the professional solicitor.
"Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, whether such solicitation is performed personally or through such person's agents, servants or employees or through agents, servants or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on or advises a charitable organization in connection with the solicitation of contributions. Any independent marketing agent or entity to whom a professional solicitor assigns fundraising or solicitation responsibilities shall be deemed to be a professional solicitor for purposes of this part. A salaried officer or permanent employee of a charitable organization is not deemed to be a professional solicitor. However, any salaried officer or employee of a charitable organization that engages in the solicitation of contributions for compensation in any manner for more than one (1) charitable organization is deemed a professional solicitor. A professional solicitor does not include an attorney, investment counselor, or banker who in the conduct of such person's profession advises a client. See T.C.A. §48-101-501(7).
A nonresident person, bank or trust company cannot serve in a fiduciary capacity in Tennessee unless and until it has appointed in writing the Tennessee Secretary of State as its agent for service of process. This appointment authorizes the Secretary of State to receive and to forward to the nonresident fiduciary by registered or certified mail all process in any action or proceeding relating to any trust, estate or matter within this State in which the person, bank or trust company is serving as fiduciary.
The appointment document submitted to the Secretary of State must contain the following items:
- The name of the specific trust, estate, or person for which the fiduciary has been appointed;
- The name and out-of-state street address (including zip code) of the fiduciary;
- A statement clearly designating the Tennessee Secretary of State as agent for service of process;
- An original signature of the nonresident person or the representative of the bank or trust company (or a certified copy of the signed appointment document); and
- The date the document is signed.
- The appointment document need not be in affidavit form or notarized.
- The appointment document must be accompanied by a filing fee of $10.00. Please make checks or money orders payable to the Tennessee Secretary of State.
Agent Appointment by Nonresident Fiduciary form is also available.
The Tennessee Department of State, Business Services Division, issues an Apostille or an Authentication under the authority of the Tennessee Secretary of State with respect to documents executed, issued or certified by Tennessee County Clerks, the Tennessee State Registrar, and the Tennessee Secretary of State.
If a document needs an Authentication, the United States Department of State must also certify the Tennessee Secretary of State’s signature on the Authentication. This step is not necessary for an Apostille.
An Apostille or an Authentication certifies the authenticity of the signature, seal and position of the official who has executed, issued or certified a copy of a public document. An Apostille or an Authentication enables a public document issued in one country to be recognized as valid in another country. While they accomplish the same objective, there are differences between Apostilles and Authentications.
An Apostille is a certification form set out in The Hague Convention abolishing the requirement of legalization for foreign public documents (1961).
An Apostille may be obtained to transmit public documents executed in one signatory country to another signatory country in which the documents need to be produced. The Hague Convention defines a “public document” as:
- Those originating in a court, clerk of a court, public prosecutor or process server;
- Administrative documents;
- Notarial acts; and
- Official certificates are placed on documents.
An Authentication may be obtained to transmit public documents to countries that have not subscribed to The Hague Convention.
Yes, a professional solicitor shall, prior to orally requesting a contribution and at the same time a written request for a contribution is made, clearly and conspicuously disclose at the point of solicitation the solicitor’s name as on file with the Division of Charitable Solicitation and Gaming and that the solicitation is being conducted by a “paid solicitor”. In the case of a solicitation campaign conducted orally, professional solicitors are required to send written confirmation to each person who has contributed or pledged to contribute within five (5) days after that person has been solicited. The written confirmation shall include the above disclosure.
A commercial co-venturer is any person who is organized for profit; is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes; and conducts an advertised charitable sales promotion for a specific limited period of time. The charitable organization being promoted by the co-venturer must be duly registered or be exempt from registration with the Division of Charitable Solicitations. Commercial co-venturers are required to have a written agreement with the charitable organization on whose behalf the sales promotion is to be conducted. Such co-venturers are also required to keep all records in connection with the charitable sales promotion for no less than three (3) years after the end date of the promotion.
"Professional fundraising counsel" means any person who, for compensation, plans, manages, advises, consults, or prepares material for a charitable organization for the solicitation of contributions in this state, but who does not solicit contributions and does not employ, procure, or engage any person to solicit contributions on behalf of a charitable organization. "Professional fundraising counsel" does not include an attorney, investment counselor, bona fide salaried officer, employee, volunteer, or banker who in the conduct of such person's profession advises a client. See T.C.A. §48-101-501(6).
The Tennessee Secretary of State has a list of documents accepted for Apostille or Authentication.