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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.
"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:
T.C.A. § 49-7-2104 provides that an individual may not act as an athlete agent in Tennessee without holding a Certificate of Registration as an Athlete Agent in Tennessee. If a student-athlete, or someone acting on the student’s behalf, initiates communication with the agent, the agent must submit an application for registration as an Athlete Agent in Tennessee within 7 days of the initial contact. An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
T.C.A. § 49-7-2110 requires all agency contracts between a student-athlete and athlete agent to include a statement that the athlete agent is registered as an athlete agent in Tennessee and list any other states in which the agent is registered as an athlete agent, among other requirements.
T.C.A. § 49-7-2111 sets out requirements to notify educational institutions when a student-athlete enters into a contract. Additionally, when an educational institution becomes aware of any violation of the notice requirements listed in the statute, it must notify the secretary of state and any professional league or players’ association of the violation.
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
“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).
- 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.
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
- $0 to $50,000 $0.00 *
- $50,000.01 to $99,999.99 $10.00
- $100,000.00 to $249,999.99 $10.00
- $250,000.00 to $499,999.99 $10.00
- $500,000 and over $10.00
Late Fees: $10/month
For Renewal Dates on or before 6/30/2021
Gross Revenue Filing Fee
- $0 to $50,000 $0.00 *
- $50,000.01 to $99,999.99 $120.00
- $100,000.00 to $249,999.99 $160.00
- $250,000.00 to $499,999.99 $200.00
- $500,000 and over $240.00
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.
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.
Commitment of Respect
The staff of the Tennessee State Library and Archives affirms its ongoing dedication to treating all people with respect and dignity. Libraries and archives have a long history of working to provide equal access to resources and services for all communities. We also recognize our duty to achieve an archival collection that reflects the experiences of Tennessee’s diverse population from urban to rural, farm to factory, and across the demographic spectrum. We acknowledge that our work in this area is never complete and remain available to community partners from every part of our society. We will continue to apply the highest standards of professionalism and respect in our work as we welcome visitors and develop new ways for Tennesseans to access information and interact with their historical records. As individuals we stand with all persons seeking justice and an end to any discriminatory practice that undermines the value of human life.
Per state and local guidelines, face coverings are now optional for the public and staff. Staff will continue maintaining the recommended six feet distance when interacting with visitors.
Briefcases, bags, totes, purses, and notebooks are subject to examination by a staff member when entering or leaving the Reading Room.
Lockers are available for patrons to store belongings during their visit. The Library & Archives is not responsible for any personal items left unattended. Visitors using original manuscripts will be required to leave their belongings in a locker.
Backpacks must be stored in a locker. If a backpack is too large to fit in a locker, then it must either be locked in the patron's vehicle or stored in the main lobby while using Library & Archives materials.
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.
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The Library & Archives provides free patron parking in its garage. To access the garage, patrons must obtain a library card at the first-floor receptionist desk.
First-time patrons may temporarily park in the parallel street parking on Rep. John Lewis Way N. After receiving an activated library card from the security receptionist, patrons should move their vehicles to the garage via the ramp on Jackson Street/Junior Gilliam Way.
On weekends, visitors may also park free in the state employee parking lots around the Bicentennial Capitol Mall State Park.
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.
The incorporator is the person that files the charter of the corporation. The incorporator must be of legal age to enter into contracts. Once the charter has been filed, the incorporator’s function is complete.
- 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.
Yes, if the principal address is in Tennessee, the filed document must be recorded in the Registered of Deeds in the county where the principal office is located.
Bylaws are the code or rules by which the corporation is run, and explain the conditions and limitations that the corporation must follow in conducting its business.
The board of directors is a group of people who direct and oversee the business activities of the corporation. The board hires officers to conduct the day-to-day operation of the corporation. In the case of small, tightly held corporations, the board of directors and the officers may serve in both capacities.
The minimum is one. There is no limit on the maximum number of shares authorized.,
Authorized shares are the number of shares of stock that the charter allows the corporation to issues.