Division of Business Service Tennessee secretary of State leads the Department of State and is one of three constitutional positions elected by the General Assembly during a joint session. The Secretary of State has a four-year tenure. The secretary of State is constitutionally required to maintain a record of official acts, administrative aspects of state government operations, and other obligations.
Search for businesses
To search for business entities (corporation, LLC, limited partnership) functioning in Tennessee using the database of the Secretary of State’s website, complete the procedures below: Use the business name or control number to perform your lookup. If you have a proposed business name for registration, you can check its availability using the website’s business search.
Choosing the entity
The secretary of the Division of Business Service TN allows you to view the business’s control number, entity type, name type, incorporation date, and status. After you’ve found your listing, click on the link under the control number to view the information page.
Retrieve information
The business search option allows you to view information about any business entity, such as its name, business type, status, State of formation, month of fiscal close, incorporation date, term of duration, principal office address, previously filed documents, and all registered agent information, such as their name and address. You can get a certificate of existence on the Internet. As an officer or registered agent of your corporation, you may be allowed to update information like mailing address and registered agent.
Establishing a new corporation in Tennessee
- . To establish a new business entity in Tennessee, certain steps must be performed, and this process must be certified by the secretary of the Division of Business Service TN department.
- Conduct a company name availability search.
- Search for domain names to create a website and email.
- Select the appropriate company entity (LLC, S-Corp, C-Corp, Partnership, or Non-Profit Organization). Obtain an IRS EIN (Employer Identification Number). Create the following
- Articles of incorporation and bylaws
- Business purpose
- Names of registered agents and directors
- Registered address
- Operating guidelines
- Dissolution provisions
- Other relevant information
- Determine if a federal, state, or local license is required. Determine payroll tax requirements. Determine filing type (federal, State, or local)government
- Establish a physical and mailing address, phone number, voicemail, website, email, and business cards
- Apostille/authentication
An apostille, also known as Authentication, is used to establish the legitimacy of an official’s signature, seal, and position after they have signed, issued, or certified a copy of a public document. It enables public documents to be valued in any country.
The Division of Business Service TN Department is in charge of issuing an apostille or Authentication based on the Tennessee Secretary of State’s authority regarding the executed document, which is then issued or certified by the Tennessee county clerk, state registrar, and secretary of State.
The United States Department of State must additionally certify the signature of the Tennessee Secretary of State on the Authentication. An Apostille does not require this step.
Choosing a Business Structure
Your business structure determines your legal and tax obligations. So, before making a decision, it’s critical to give yourself this valuable time to reflect. The common alternatives include:
Sole Proprietorship
It is the easiest and cheapest to start up. You are the lone owner and have full control. However, you are personally responsible for all business debts and obligations.
Partnership
Starting a business with others? Consider forming a partnership. There are several sorts (general, limited, etc.), each with a distinct level of liability and control.
Limited Liability Company (LLC)
This is a common alternative for small firms, offering limited liability protection (your assets are normally safeguarded) and flexibility in management and taxation.
S Corporation (S Corp)
Provides tax benefits by allowing profits to pass through to income, eliminating double taxation. However, it imposes stricter criteria and rules.
While the Tennessee Business Corporation Act doesn’t specify what constitutes “transacting” or doing business in Tennessee, it does provide a handy list of acts that are not considering transacting business:
- Managing internal corporate affairs, such as board meetings and bank accounts.
- Appointing trustees and depositories for the corporation’s securities.
- Selling through independent channels.
- Securing or collecting debts, as well as enforcing mortgages, trust documents, and security interests in property that secure the debts;
- Owning, without more, real or personal property (including, for a reasonable time, the management and rental of real property acquired in connection with enforcing a mortgage or deed of trust if the owner is attempting to liquidate the owner’s investment and if no office or other agency, other than an independent agency, is maintained in Tennessee)
- Performing an isolated transaction done within one month that is not part of a series of similar transactions
- Conducting business in interstate commerce.
File with the Tennessee Department of Revenue.
After you get your Certificate of Authority to Do Business in Tennessee from the Division of Business Service TN department, you must register with the Department of Revenue. You can file the following taxes online:
- Gross receipts tax
- Sales and use tax
- Franchise and excise tax
- Tobacco tax and licenses
- Liquor taxes
- Television and telecommunications sales tax
Regardless of the nature of your business, before you set up shop in Tennessee, you should consult with an experienced Clarksville estate planning attorney. Feel free to contact us if you have any questions. We are always delighted to help.