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.

• 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.

You may obtain Form #SS-4507, Application for Certification of Municipal Clerks & Recorders and Continuing Education Credit, from our website or upon request from our office. 

For certification, the application must be accompanied by a copy of the certificate(s) from the institution(s) at which the qualifications were completed.  The certificate(s) (other than a degree) should indicate the number of hours completed.  If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content. 

For continuing education credit, the application must be accompanied by a copy of the certificate(s) of attendance and a statement as to the number of credit hours completed.  If credit is claimed for job-related seminars, then documents must also be submitted outlining seminar content. Please note that the Division of Business Services does not pre-certify seminars for content applicability or for applicable credit hours. Applications are accepted by mail, fax or in person. Upon receipt and approval of an application, the Division of Business Services will issue to the applicant a certificate confirming the certification or continuing education credit. 

Service of Process is issued under the following statutes:

• Tennessee’s Long-Arm Statutes, Tennessee Code Annotated (T.C.A.) Title 20, Chapter 2, Part 2.
• The Tennessee Business Corporation Act, T.C.A. Title 48, Chapters 11-27
• Tennessee Nonprofit Corporation Act, T.C.A. Title 48, Chapters 51-68
• Tennessee Limited Liability Company Act ,T.C.A. Title 48,Chapters 201-248
• The Tennessee Revised Limited Liability Company Act, T.C.A. Title 48, Chapter 249
• The Tennessee Revised Uniform Partnership Act, T.C.A.  Title 61, Chapter 1
• Tennessee Revised Uniform Limited Partnership Act, T.C.A. Title 61, Chapter 2

The Hague Convention is preprinted as an annotation to Rule 4, 28 U.S.C.A., Fed. R. Civ. P., Rules 1011, (1992) (Annotation to Rule 4).

The Division of Business Services processes over 13,800 summonses annually.

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. 

The Service of Process Search allows you to check on the status of a Service of Process issuance by the defendant’s last name (or company name if a company) or by court docket number. This database reflects all non-archived processes served through the Tennessee Secretary of State as of three working days prior to the requested date.  Service of Process records are archived on an annual basis.

A Service of Process filing may be rejected for many reasons.  Some of the most common reasons are:

• An insufficient number of copies of the summons are submitted (an original and one certified copy are required for each defendant).
• An address for an out-of-state defendant is not provided.
• The defendant and/or agent for Service of Process has a Tennessee address requiring Service of Process by the Sheriff of the county of the defendant and/or agent not by the Secretary of State.
• The $20.00 filing fee is not enclosed.
• The check, bank draft, or money order is not made payable to the “Tennessee Secretary of State.”
• The original and/or certified copy of the summons is not signed by the Clerk or Deputy Clerk.
• The Clerk’s certified stamp, seal, or imprint is not affixed to the summons.
• The process is to be served on an insurance company requiring Service of Process through the Commissioner of the Tennessee Department of Commerce and Insurance.
• The action is instituted in a court outside Tennessee.

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.

• 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

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.