State of the Nonprofit Regulatory Environment in TENNESSEE

TN Code § 48-101-501

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Yes - T.C.A § 48-101-501 et seq

BIFURCD-REGIOF-NS

REGULATORY BODY: Not Specific

NOTES: Tennessee Secretary of State http://sos.tn.gov/charitable

TN Code § 48-62-102 ;; index.html

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) (1) A corporation may sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property (with or without the good will) other than in the usual and regular course of its activities, on the terms and conditions and for the consideration determined by the corporation’s board, if the proposed transaction is authorized by subsection (b). (2) The sale, lease, exchange or other disposition of all, or substantially all, of the properties (with or without good will) of one (1) or more subsidiaries of a corporation in which such corporation possesses at least eighty percent (80%) of the total combined voting power of the corporation, or of all classes of membership otherwise entitled to vote for the election of directors, otherwise than in the usual and regular course of business, shall be treated as a disposition within the meaning of this subsection (a) if the subsidiary or subsidiaries constitute all, or substantially all, of the properties of the corporation. (b) Unless chapters 51-68 of this title, the charter, bylaws, or the board of directors or members (acting pursuant to subsection (d)) require a greater vote or voting by class, the proposed transaction to be authorized must be approved: (1) By the board; (2) By the members by two-thirds () of the votes cast or a majority of the voting power, whichever is less; and (3) In writing by any person or persons whose approval is required by the charter authorized by ss 48-60-301 for an amendment to the charter or bylaws. (c) If the corporation does not have members, the transaction must be approved by a vote of a majority of the directors in office at the time the transaction is approved and be approved in writing by any person or persons whose approval is required by the charter. The notice required by ss 48-58-203(c) of any directors’ meeting at which such approval is to be obtained must state that the purpose, or one (1) of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. (d) The board may condition its submission of the proposed transaction, and the members may condition their approval of the transaction, on receipt of a higher percentage of affirmative votes or on any other basis. (e) If the corporation seeks to have the transaction approved by the members at a membership meeting, the notice required by ss 48-57-105 must state that the purpose, or one (1) of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. (f) If approval by the members by written consent or written ballot is required, the material soliciting the approval shall contain or be accompanied by a copy or summary of a description of the transaction. (g) A public benefit corporation must give written notice to the attorney general and reporter at least forty-five (45) days before it sells, leases, exchanges or otherwise disposes of all, or substantially all, of its property in a transaction not in the usual and regular course of its activities unless the attorney general and reporter has given the corporation a written waiver of this subsection (g). (h) After a sale, lease, exchange or other disposition of property is authorized, the transaction may be abandoned (subject to any contractual rights), without further action by the members or other person who approved the transaction in accordance with the procedure set forth in the resolution proposing the transaction or, if none is set forth, in the manner determined by the board of directors.

NOTES: Public Benefit corps, T. C. A. § 48-62-102

REPORTS-ASSETS-OT

REGULATORY BODY: Other

NOTES: No

TN Code § 48-61-107 ;; index.html

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) After a plan of merger or membership exchange has been adopted and approved as required by this chapter, articles of merger or membership exchange shall be executed on behalf of each party to the merger or membership exchange by an officer or other duly authorized representative and shall set forth: (1) The names of the parties to the merger or membership exchange and the date on which the merger or membership exchange occurred or is to be effective; (2) If the charter or organic documents of the survivor of a merger are amended, or if a new corporation is created as a result of a merger, the amendments to the survivor’s charter or organic documents or the charter of the new corporation; (3) If approval by the members of a domestic corporation that is a party to the merger or membership exchange is not required by this chapter, a statement to that effect and the date on which the plan was adopted by the board of directors; (4) If approval by the members of a domestic corporation that is a party to the merger or membership exchange is required by this chapter, a statement to that effect and a statement that the plan was approved by the affirmative vote of the required percentage of all of: (A) The votes entitled to be cast if there is no voting by voting groups; or (B) The votes entitled to be cast by each voting group having the right to vote separately on the plan and the votes cast by the outstanding memberships otherwise entitled to vote on the plan; (5) If the corporation is a public benefit corporation, a statement that notice of the plan of merger or membership exchange was given to the attorney general and reporter in the manner required by ss 48-61-123 and that either: (A) The plan of merger or membership exchange was approved by order of a court of record of this state; or (B) The corporation received a written statement of no enforcement intent with respect to the plan from the attorney general and reporter; and (6) As to each foreign corporation and each other entity that was a party to the merger or membership exchange, a statement that the plan and performance of its terms were duly authorized by all action required by the laws under which it was organized and by its charter or organic documents. (b) The original of the articles of merger or membership exchange shall be delivered to the secretary of state for filing together with the required filing fee. A merger or membership exchange takes effect upon the effective date of the articles of merger or membership exchange.

NOTES: Pub. Benefit Corp, T. C. A. § 48-61-107

TN Code § 48-61-107 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: (a) After a plan of merger or membership exchange has been adopted and approved as required by this chapter, articles of merger or membership exchange shall be executed on behalf of each party to the merger or membership exchange by an officer or other duly authorized representative and shall set forth: (1) The names of the parties to the merger or membership exchange and the date on which the merger or membership exchange occurred or is to be effective; (2) If the charter or organic documents of the survivor of a merger are amended, or if a new corporation is created as a result of a merger, the amendments to the survivor’s charter or organic documents or the charter of the new corporation; (3) If approval by the members of a domestic corporation that is a party to the merger or membership exchange is not required by this chapter, a statement to that effect and the date on which the plan was adopted by the board of directors; (4) If approval by the members of a domestic corporation that is a party to the merger or membership exchange is required by this chapter, a statement to that effect and a statement that the plan was approved by the affirmative vote of the required percentage of all of: (A) The votes entitled to be cast if there is no voting by voting groups; or (B) The votes entitled to be cast by each voting group having the right to vote separately on the plan and the votes cast by the outstanding memberships otherwise entitled to vote on the plan; (5) If the corporation is a public benefit corporation, a statement that notice of the plan of merger or membership exchange was given to the attorney general and reporter in the manner required by ss 48-61-123 and that either: (A) The plan of merger or membership exchange was approved by order of a court of record of this state; or (B) The corporation received a written statement of no enforcement intent with respect to the plan from the attorney general and reporter; and (6) As to each foreign corporation and each other entity that was a party to the merger or membership exchange, a statement that the plan and performance of its terms were duly authorized by all action required by the laws under which it was organized and by its charter or organic documents. (b) The original of the articles of merger or membership exchange shall be delivered to the secretary of state for filing together with the required filing fee. A merger or membership exchange takes effect upon the effective date of the articles of merger or membership exchange.

NOTES: File with Sec. of State Sec. of State, T. C. A. § 48-61-107; Judicial Action - Pub. Benefit Corp (court or AG can approve), T. C. A. § 48-61-107

TN Code § 48-61-107 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: (a) After a plan of merger or membership exchange has been adopted and approved as required by this chapter, articles of merger or membership exchange shall be executed on behalf of each party to the merger or membership exchange by an officer or other duly authorized representative and shall set forth: (1) The names of the parties to the merger or membership exchange and the date on which the merger or membership exchange occurred or is to be effective; (2) If the charter or organic documents of the survivor of a merger are amended, or if a new corporation is created as a result of a merger, the amendments to the survivor’s charter or organic documents or the charter of the new corporation; (3) If approval by the members of a domestic corporation that is a party to the merger or membership exchange is not required by this chapter, a statement to that effect and the date on which the plan was adopted by the board of directors; (4) If approval by the members of a domestic corporation that is a party to the merger or membership exchange is required by this chapter, a statement to that effect and a statement that the plan was approved by the affirmative vote of the required percentage of all of: (A) The votes entitled to be cast if there is no voting by voting groups; or (B) The votes entitled to be cast by each voting group having the right to vote separately on the plan and the votes cast by the outstanding memberships otherwise entitled to vote on the plan; (5) If the corporation is a public benefit corporation, a statement that notice of the plan of merger or membership exchange was given to the attorney general and reporter in the manner required by ss 48-61-123 and that either: (A) The plan of merger or membership exchange was approved by order of a court of record of this state; or (B) The corporation received a written statement of no enforcement intent with respect to the plan from the attorney general and reporter; and (6) As to each foreign corporation and each other entity that was a party to the merger or membership exchange, a statement that the plan and performance of its terms were duly authorized by all action required by the laws under which it was organized and by its charter or organic documents. (b) The original of the articles of merger or membership exchange shall be delivered to the secretary of state for filing together with the required filing fee. A merger or membership exchange takes effect upon the effective date of the articles of merger or membership exchange.

NOTES: File with Sec. of State Sec. of State, T. C. A. § 48-61-107; Judicial Action - Pub. Benefit Corp (court or AG can approve), T. C. A. § 48-61-107

REPORTS-AMMEND-AG

REGULATORY BODY: Attorney General

NOTES: No

TN Code § 48-60-105

REGULATORY BODY: Other

STATUTE TEXT: A corporation amending its charter shall deliver to the secretary of state for filing articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment adopted; (3) If an amendment provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the amendment if not contained in the amendment itself; (4) The date of each amendment’s adoption; (5) If approval of members was not required, a statement to that effect and a statement that the amendment was duly adopted by the incorporators or board of directors; (6) If approval by members was required, a statement that the amendment was duly adopted by the members; and (7) A statement as to whether or not approval of the amendment by some person or persons other than the members, the board, or the incorporators is required pursuant to ss 48-60-301; and if such approval is required, a statement that the approval was obtained.

NOTES: T. C. A. § 48-60-105

TN Code § 48-101-504)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: In first year, charity must submit quarterly financial reports (Tenn. Code Ann. § 48-101-504), and all charities must submit annual financial statement and audit (if required): Tenn. Code Ann. § 48-101-506

TN Code § 48-101-506

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: In first year, charity must submit quarterly financial reports (Tenn. Code Ann. § 48-101-504), and all charities must submit annual financial statement and audit (if required): Tenn. Code Ann. § 48-101-506

TN Code § 48-64-103

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) A public benefit corporation shall give the attorney general and reporter written notice that it intends to dissolve at or before the time it delivers the articles of dissolution to the secretary of state. The notice shall include a copy or summary of the plan of dissolution. (b) No assets shall be transferred or conveyed by a public benefit corporation as part of the dissolution process until forty-five (45) days after it has given the written notice required by subsection (a) to the attorney general and reporter or until the attorney general and reporter has consented in writing to, or indicated in writing that the attorney general and reporter will take no action in respect to, the transfer or conveyance, whichever is earlier. (c) When all or substantially all of the assets of a public benefit corporation have been transferred or conveyed following approval of dissolution, the board shall deliver to the attorney general and reporter a list showing those (other than creditors) to whom the assets were transferred or conveyed. The list shall indicate the address of each person (other than creditors) who received assets and indicate what assets each received.

NOTES: Pub. Benefit Corp., T. C. A. § 48-64-103

TN Code § 48-64-104

REGULATORY BODY: Other

STATUTE TEXT: (a) At any time after dissolution is authorized, the corporation may dissolve by delivering to the secretary of state for filing articles of dissolution setting forth: (1) The name of the corporation; (2) The date dissolution was authorized; (3) A statement that the resolution was duly adopted by the members; (4) If approval by members was not required, a statement that the resolution was duly adopted by a majority of the board of directors; (5) A copy of the resolution or the written consent authorizing the dissolution; (6) If approval of dissolution by some third person or persons other than the members, directors, or incorporators was required, a statement that such approval was obtained; and (7) If the corporation is a public benefit corporation, a statement that the notice to the attorney general and reporter required by ss 48-64-103(a) has been given. (b) Unless a delayed effective date is specified in the articles of dissolution, a corporation is dissolved when the articles of dissolution are filed.

NOTES: Sec of State, T. C. A. § 48-64-104

TN Code § 48-64-301

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) Any court of record with proper venue in accordance with ss 48-64-302(a) may dissolve a corporation: (1) In a proceeding by the attorney general and reporter if it is established that the corporation: (A) Obtained its charter through fraud; (B) Has exceeded or abused the authority conferred upon it by law; (C) Has violated any provision of law resulting in the forfeiture of its charter; (D) Has carried on, conducted, or transacted its business or affairs in a persistently fraudulent or illegal manner; (E) Is a public benefit corporation and the corporate assets are being misapplied or wasted; or (F) Is a public benefit corporation and is no longer able to carry out its purposes; provided, that the enumeration of these grounds for dissolution shall not exclude actions or special proceedings by the attorney general and reporter or other state officials for the dissolution of a corporation for other causes as provided in this chapter or in any other statute of this state; (2) In a proceeding by fifty (50) members or members holding five percent (5%) of the voting power, whichever is less, or any person specified in this chapter, if it is established that: (A) The directors are deadlocked in the management of the corporate affairs, the members are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be generally conducted because of the deadlock; (B) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent; (C) The members are deadlocked in voting power and have failed, for a period that includes at least two (2) consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; (D) The corporate assets are being misapplied or wasted; or (E) The corporation is a public benefit corporation and is no longer able to carry out its purposes; (3) In a proceeding by a creditor if it is established that: (A) The creditor’s claim has been reduced to judgment, the execution on the judgment returned unsatisfied, and the corporation is insolvent; or (B) The corporation has admitted in writing that the creditor’s claim is due and owing and the corporation is insolvent; and (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision. (b) With respect to actions based on subdivision (a)(2), (a)(3) or (a)(4), prior to dissolving a corporation, the court shall consider whether: (1) There are reasonable alternatives to dissolution; (2) Dissolution is in the public interest, if the corporation is a public benefit corporation; and (3) Dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation.

NOTES: T. C. A. § 48-64-301

TN Code § 48-64-304

REGULATORY BODY: Other

STATUTE TEXT: (a) If after a hearing the court determines that one (1) or more grounds for judicial dissolution described in ss 48-64-301 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the decree to the secretary of state, who shall file it. (b) After entering the decree of dissolution, the court shall direct the winding up and liquidation of the corporation’s assets and affairs in accordance with ss 48-64-105 and the notification of claimants in accordance with ssss 48-64-106 and 48-64-107.

NOTES: T. C. A. § 48-64-304

TN Code § 48-64-202

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) If the secretary of state determines that one (1) or more grounds exist under ss 48-64-201 for dissolving a corporation, the secretary of state shall serve the corporation with written notice of the secretary of state’s determination under ssss 48-55-104 and 48-55-105, except that such determination may be sent by first class mail, and in the case of a public benefit corporation, shall notify the attorney general and reporter in writing. (b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within two (2) months after service of the notice is perfected under ssss 48-55-104 and 48-55-105, the secretary of state shall administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The secretary of state shall file the original of the certificate and serve a copy on the corporation under ssss 48-55-104 and 48-55-105, except that the certificate may be sent by first class mail. (c) A corporation administratively dissolved continues its corporate existence but may not carry on any activities except that necessary to wind up and liquidate its assets and affairs under ss 48-64-106 and notify claimants under ssss 48-64-107 and 48-64-108. (d) The administrative dissolution of a corporation does not terminate the authority of its registered agent.

NOTES: T. C. A. § 48-64-202

TN Code § 48-64-202

REGULATORY BODY: Other

STATUTE TEXT: (a) If the secretary of state determines that one (1) or more grounds exist under ss 48-64-201 for dissolving a corporation, the secretary of state shall serve the corporation with written notice of the secretary of state’s determination under ssss 48-55-104 and 48-55-105, except that such determination may be sent by first class mail, and in the case of a public benefit corporation, shall notify the attorney general and reporter in writing. (b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within two (2) months after service of the notice is perfected under ssss 48-55-104 and 48-55-105, the secretary of state shall administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The secretary of state shall file the original of the certificate and serve a copy on the corporation under ssss 48-55-104 and 48-55-105, except that the certificate may be sent by first class mail. (c) A corporation administratively dissolved continues its corporate existence but may not carry on any activities except that necessary to wind up and liquidate its assets and affairs under ss 48-64-106 and notify claimants under ssss 48-64-107 and 48-64-108. (d) The administrative dissolution of a corporation does not terminate the authority of its registered agent.

NOTES: T. C. A. § 48-64-202

TN Code § 48-68-201

REGULATORY BODY: Not Specific

STATUTE TEXT: This part shall be known and may be cited as the iPublic Benefit Hospital Sales and Conveyance Act of 2006.i

NOTES: Tenn. Code Ann. §§ 48-68-201 - 48-68-211

TN Code § 48-68-203

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) Notwithstanding chapters 61 and 64 of this title, any public benefit hospital entity shall be required to provide written notice to the attorney general and reporter, prior to entering into any public benefit hospital conveyance transaction. At the time of providing notice to the attorney general and reporter, the public benefit hospital entity shall provide the attorney general and reporter with written certification that a copy of this part has been given in its entirety to each member of the board of trustees of the public benefit hospital entity. (b) The notice to the attorney general and reporter provided for in this section shall include and contain all the information the attorney general and reporter determines is required. No notice shall be effective until the attorney general and reporter has acknowledged receipt of a complete notice, in accordance with protocol established by the attorney general and reporter. (c) This part shall not apply to a public benefit hospital entity, if the public benefit hospital conveyance transaction is in the usual and regular course of its activities, and if the attorney general and reporter has given the public benefit hospital entity a written waiver of this part as to the public benefit hospital conveyance transaction.

NOTES: Tenn. Code Ann. § 48-68-203

HOSPCON-OVERSI-OT

REGULATORY BODY: Other

NOTES: No

HOSPCON-FILING-OT

REGULATORY BODY: Other

NOTES: No

TN Code § 48-101-506(b)(2)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-506(b)(2)

AUDITFI-THRESH-NS

REGULATORY BODY: Not Specific

NOTES: 500000

TN Code § 48-101-504

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-504

TN Code § 48-101-502(a)(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-502(a)(1)

TN Code § 48-101-502(a)(2)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-502(a)(2) ($30k)

TN Code § 48-101-502(a)(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-502(a)(1)

ORGTYPE-GOVMNT-NS

REGULATORY BODY: Not Specific

NOTES: NO

TN Code § 48-101-502(a)(6)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: All hospitals: T. C. A. § 48-101-502(a)(6)

ORGTYPE-VETERA-NS

REGULATORY BODY: Not Specific

NOTES: NO

ORGTYPE-FNDYES-NS

REGULATORY BODY: Not Specific

NOTES: NO (other than educational foundations)

ORGTYPE-FNDNOS-NS

REGULATORY BODY: Not Specific

NOTES: NO

ORGTYPE-CTRUST-NS

REGULATORY BODY: Not Specific

NOTES: NO

TN Code § 48-101-502(a)(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-502(a)(1) (cooperative scholarship corporations)

TN Code § 48-101-502(a)(7)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-502(a)(7)

TN Code § 48-101-504(a)(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-504(a)(1)

ORGTYPE-MEMFRA-NS

REGULATORY BODY: Not Specific

NOTES: NO

TN Code § 48-101-502(a)(5)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: T. C. A. § 48-101-502(a)(5)

ORGTYPE-OTHTYP-NS

REGULATORY BODY: Not Specific

NOTES: Volunteer firefighters (3), community fairs (4),

TN Code § 48-64-301

REGULATORY BODY: Not Specific

STATUTE TEXT: (a) Any court of record with proper venue in accordance with ss 48-64-302(a) may dissolve a corporation: (1) In a proceeding by the attorney general and reporter if it is established that the corporation: (A) Obtained its charter through fraud; (B) Has exceeded or abused the authority conferred upon it by law; (C) Has violated any provision of law resulting in the forfeiture of its charter; (D) Has carried on, conducted, or transacted its business or affairs in a persistently fraudulent or illegal manner; (E) Is a public benefit corporation and the corporate assets are being misapplied or wasted; or (F) Is a public benefit corporation and is no longer able to carry out its purposes; provided, that the enumeration of these grounds for dissolution shall not exclude actions or special proceedings by the attorney general and reporter or other state officials for the dissolution of a corporation for other causes as provided in this chapter or in any other statute of this state; (2) In a proceeding by fifty (50) members or members holding five percent (5%) of the voting power, whichever is less, or any person specified in this chapter, if it is established that: (A) The directors are deadlocked in the management of the corporate affairs, the members are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be generally conducted because of the deadlock; (B) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent; (C) The members are deadlocked in voting power and have failed, for a period that includes at least two (2) consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; (D) The corporate assets are being misapplied or wasted; or (E) The corporation is a public benefit corporation and is no longer able to carry out its purposes; (3) In a proceeding by a creditor if it is established that: (A) The creditor’s claim has been reduced to judgment, the execution on the judgment returned unsatisfied, and the corporation is insolvent; or (B) The corporation has admitted in writing that the creditor’s claim is due and owing and the corporation is insolvent; and (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision. (b) With respect to actions based on subdivision (a)(2), (a)(3) or (a)(4), prior to dissolving a corporation, the court shall consider whether: (1) There are reasonable alternatives to dissolution; (2) Dissolution is in the public interest, if the corporation is a public benefit corporation; and (3) Dissolution is the best way of protecting the interests of members, if the corporation is a mutual benefit corporation.

NOTES: T. C. A. § 48-64-301

TN Code § 29-35-102

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 29-35-102; 29-35-109

TN Code § 48-101-507

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-507

TN Code § 48-101-507

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-507

TN Code § 48-101-504

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-504 “A statement as to whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others and submit a true copy of any contract or agreement with any professional solicitor or any other person who is directly or indirectly involved with the solicitation of contributions;”

TN Code § 48-101-513

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Yes, professional solicitors must submit a solicitation campaign notice: Tenn. Code Ann. § 48-101-513

TN Code § 48-101-512

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-512; Tenn. Code Ann. § 48-101-513

TN Code § 48-101-513

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-512; Tenn. Code Ann. § 48-101-513

TN Code § 48-101-507

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-507; Tenn. Code Ann. § 48-101-504 “A statement as to whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others and submit a true copy of any contract or agreement with any professional solicitor or any other person who is directly or indirectly involved with the solicitation of contributions;”

TN Code § 48-101-504

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-507; Tenn. Code Ann. § 48-101-504 “A statement as to whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others and submit a true copy of any contract or agreement with any professional solicitor or any other person who is directly or indirectly involved with the solicitation of contributions;”

TN Code § 48-101-507

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Must file financial report within 90 days after end of solicitation campaign or on anniversary of campaign lasting more than one year. Tenn. Code Ann. § 48-101-507; Tenn. Code Ann. § 48-101-509 requires records be made available upon request

TN Code § 48-101-509

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Must file financial report within 90 days after end of solicitation campaign or on anniversary of campaign lasting more than one year. Tenn. Code Ann. § 48-101-507; Tenn. Code Ann. § 48-101-509 requires records be made available upon request

TN Code § 48-101-507

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: No person may act as a professional solicitor for a charitable organization unless the person has first registered with the secretary of state. Registration includes the filing of a complete application, bond and filing fee. The annual registration fee for a professional solicitor is $250. A bond in the sum of $25,000 must be filed with the registration application and be approved by the secretary of state. Tenn. Code Ann. § 48-101-507

1 Bifurcation of charitable regulatory body

Bifurcated Regulatory Structure

TN Code § 48-101-501

Registration Office

BIFURCD-REGIOF-NS

2 Notice, Filing or Review of Transactions

Sale of Assets

TN Code § 48-62-102 ;; index.html

REPORTS-ASSETS-OT

Mergers

TN Code § 48-61-107 ;; index.html

TN Code § 48-61-107 ;; index.html

TN Code § 48-61-107 ;; index.html

Certificate of Amendments

REPORTS-AMMEND-AG

TN Code § 48-60-105

Does the state require annual financial reporting by charitable organizations in addition to filing a copy of the 990 with the regulator (if filing 990 is required)?

TN Code § 48-101-504)

TN Code § 48-101-506

3 Notice or Action for Dissolutions

Voluntary Dissolutions

TN Code § 48-64-103

TN Code § 48-64-104

Judicial Dissolutions

TN Code § 48-64-301

TN Code § 48-64-304

Administrative Dissolutions

TN Code § 48-64-202

TN Code § 48-64-202

4 Notice, Oversight or Filing of Hospital Conversions

Has Statute

TN Code § 48-68-201

Requires Notice or Oversight

TN Code § 48-68-203

HOSPCON-OVERSI-OT

Requires Filing

HOSPCON-FILING-OT

5 Audits

Requires Audit

TN Code § 48-101-506(b)(2)

Audit Threshold

AUDITFI-THRESH-NS

6 Registration Law

Registration Law

TN Code § 48-101-504

7 Exemptions from Registering for Specific Organization Types

Religious Organizations

TN Code § 48-101-502(a)(1)

Small organizations

TN Code § 48-101-502(a)(2)

Educational Institutions

TN Code § 48-101-502(a)(1)

Governmental Organizations

ORGTYPE-GOVMNT-NS

Hospitals

TN Code § 48-101-502(a)(6)

Veterans organizations

ORGTYPE-VETERA-NS

Foundations

ORGTYPE-FNDYES-NS

Foundations that don’t solicit contributions

ORGTYPE-FNDNOS-NS

Charitable Trusts

ORGTYPE-CTRUST-NS

Parent-Teacher Organizations

TN Code § 48-101-502(a)(1)

Reports to congress

TN Code § 48-101-502(a)(7)

Non-soliciting

TN Code § 48-101-504(a)(1)

Fraternal/ Membership

ORGTYPE-MEMFRA-NS

Political Orgs

TN Code § 48-101-502(a)(5)

Other

ORGTYPE-OTHTYP-NS

8 Defined remedies

Dissolution

TN Code § 48-64-301

Removal of Board Members