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.
Who must be certified?
A municipality with a population of 1,500 or more according to the 1990 Federal Census or any subsequent Federal Census, which employs an officer or employee responsible for exercising any of the duties of Municipal Clerk & Recorder, must have at least one certified person. For other municipalities, certification is optional.
What must a Nonresident Fiduciary file with the Tennessee Secretary of State?
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.
Any person who is licensed to practice law in Tennessee and who satisfies continuing legal education requirements
Any person who has been appointed or is acting in the capacity of a city manager or administrator and who possesses a M.A. degree in public administration
Any person who is a certified public accountant holding a certificate as provided in Section 62-1-106 or Section 6-1-107
Any person who has served as both a city judge and city recorder for at least 25 years
Are there any continuing education requirements?
To retain certification, a certified person is required to attend a minimum of 18 hours of continuing education courses every 3 years. This requirement may be met by attending a minimum of 18 credit hours from any of the following or combination thereof, provided that the hours were not used to complete the required hours of education for certification:
The Academy for Advanced Education (U.T.);
The International Institute of Municipal Clerks annual conference or state, provincial or regional clerks meetings;
Seminars conducted by the Tennessee Municipal League;
Leadership and Technical Programs (U.T. Municipal Training); or
Job-related seminars.
What are the qualifications for certification?
To be certified, a person must obtain certification from the International Institute of Municipal Clerks or must complete a minimum of 100 credit hours from any of the following or combination thereof:
The Municipal Clerks Institute (U.T.);
The U.T. Center for Government Training
Seminars conducted by the Tennessee Municipal League;
Leadership and Technical Programs (U.T. Municipal Training);
Job-related seminars; or
An A.A. or A.S. degree (maximum credit of 25 hours) or a B.A. or B.S. degree (maximum credit of 50 hours), provided that credit will be given for only one degree.
Am I registered to vote?
To determine if you are a registered voter and view your early vote location(s) or your polling location on Election Day, use our Voter Registration Lookup or use the GoVoteTN app. If no record is found, contact your local county election commission to determine the status of your registration.
Can Non-resident Property Owners Register to Vote?
Otherwise qualified voters who own real property within a municipality in which they do not live may register to vote if the municipal charter extends the right to vote to non-resident property owners. Non-resident property owners must provide proof of property ownership at the time of registration. Consult local election commission offices for further information or the city attorney of the municipality in which property is owned. T.C.A. 2-2-107.
Where do homeless persons register to vote?
In order to register to vote in Tennessee, a person does not have to live in a building. Instead, a person who finds himself or herself homeless must describe where the person usually stays or returns to when absent. This location may be the address of a shelter where the person stays or frequents, or it may be the description of a street corner where the person may often rest. A physical description of the location must be given so that the election commission knows in which voting precinct to place the person. T.C.A. 2-2-122.
The election commission must mail voter registration cards to people who register to vote by mail. Therefore, if a homeless person tries to register to vote by mail using an address where the person does not get the mail, the person will have to give a mailing address where he or she can receive mail. For example, a homeless voter may be able to use a shelter as a mailing address or the address of a family member or friend who agrees to receive the mail. Another option is to use General Delivery as a mailing address. However, please note that absentee ballot materials may not be mailed to “general delivery.” T.C.A. 2-2-115 and T.C.A. 2-6-202.
If the voter registration card is returned as undeliverable to the election commission, the voter will be mailed a confirmation notice and placed on inactive status. T.C.A. 2-2-115.
In addition, like all registered voters, a homeless person should let the county election commission know when there are any changes to the mailing address or address where the person is registered to vote.
Will I be notified if my online voter registration has been received and is accepted?
Yes. Your county election commission will mail you a voter registration card when they have accepted your application. This can take up to three weeks.
Will online voter registration update my name or address with the Department of Safety and Homeland Security?
Can I update my voter registration information through the online voter registration application?
Yes, you can use the system to update your name or address.
Can I complete the online voter registration application on an iPad, tablet or smartphone?
Yes. The system is optimized to work on mobile devices.
I moved from a different state. Am I allowed to register to vote in Tennessee?
Yes. Learn more about the qualifications to register here.
I got married and changed my last name. Do I need to reregister under my new name?
You do not have to re-register, but please go ahead and update your existing registration. Updating your name now keeps the rolls accurate and reduces the amount of paperwork you will have to fill out when you go vote.
Is the deadline for online voter registration the same as the deadline for registering by other means?
Yes. Normally, you must register at least 30 days before Election Day. You can check upcoming deadlines on the election calendar.
How do I sign the online voter registration application?
We will use your signature from the Tennessee Department of Safety and Homeland Security.
Where can I find the online voter registration application?
You can access the online voter registration system here.
Can I vote online?
No. You can vote in person during early voting or on Election Day, or you can absentee vote by mail if you meet certain requirements.
Can I register to vote online if I do not have an ID issued by the Tennessee Department of Safety and Homeland Security?
You will not be able to register online since we will not be able to download your signature.
You can still register to vote by filling out a paper form. Remember that you will need a federal or Tennessee government-issued photo ID when you vote in person.
What will I need to register to vote online?
You need an ID issued by the Tennessee Department of Safety and Homeland Security. We need your signature on file there to sign your application.
If you do not know your Department of Safety and Homeland Security ID number, do not worry. We will use the other information you enter to download your signature.