A Certificate of Authority to transact business in Tennessee may be filed online or by paper if your Corporation, Nonprofit Corporation, or Limited Liability Company was formed in another state.  Foreign Limited Liability Partnership and Foreign Limited Partnerships must be filed by paper.  All paper forms can be found on our Business Forms and Fee page.

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.

Yes, the organization must renew its registration by the last day of the 6th month after the end of its accounting year.

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 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.

With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:

"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.

A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.

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.

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

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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Tennessee Rule 1360-07-03-.03 states

1. The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
2. A backup of the electronic records shall also be maintained for five years following the date of the notarization.
3. 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.
4. The original records and backup shall be protected from unauthorized use.

A fee can be required not to exceed $25 for each online notarization per Tennessee Rule 1360-07-03-.03.

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.

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.

No, the State of Tennessee only offers notaries and remote online notaries.

1. 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)]
2. 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)]
3. A copy of your unique electronic seal; [1360-07-03-.03(k)]
4. A copy of your unique electronic notarial certificate or other technology for rendering a notarized electronic document tamper-evident;[1360-07-03-.04(13)]
5. 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)]
6. 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)]

The third-party vendor you have chosen should provide you with the certificate.

The portion of a notarized electronic document that is completed by the notary public, bears the notary public's electronic signature and official electronic seal, official title, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization.

The application fee is $75.  

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.

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.

"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).

“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).

The Tennessee Secretary of State offers an online search of charities.  Please note, if you do not locate the organization, please consider the following:

• Organization could be exempt from the registration process by statute. Click HERE to learn more.
• Organization may file as a $50,000 and Under organization. To search those organizations, please click HERE.
• Make sure you are searching under the official legal name of the organization.