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Bill > HB1341


TN HB1341

TN HB1341
AN ACT to amend Tennessee Code Annotated, Title 48, relative to unauthorized filings with the secretary of state.


summary

Introduced
02/06/2025
In Committee
03/05/2025
Crossed Over
03/11/2025
Passed
03/25/2025
Dead
Signed/Enacted/Adopted
04/04/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, establishes a complaint process with the secretary of state for any person who contends that the person’s name or address was included on a document filed with the secretary of state without the person’s consent. - Amends TCA Title 48.

AI Summary

This bill establishes a comprehensive complaint process for individuals who believe their name or address was included on a document filed with the Tennessee Secretary of State without their consent. Under the new law, a person can file a detailed complaint with the Secretary of State, which must include specific information such as a description of the document, the complainant's contact details, and known information about the business entity and involved parties. The Secretary of State must then notify the business entity about the complaint and provide an opportunity for response. Within 30 business days, the Secretary will review the complaint and supporting evidence, using a "clear and convincing evidence" standard to determine whether to void the business record. If the complaint is deemed valid, the Secretary of State will void the challenged filing and will not refund the original filing fees. The complaint and response documents will be considered public records, and either party can seek judicial review of the Secretary's decision. The bill applies to documents filed under Tennessee Codes in Titles 48 and 61, and will take effect on July 1, 2025, providing a new mechanism for individuals to challenge unauthorized filings with the state.

Committee Categories

Government Affairs

Sponsors (4)

Last Action

Effective date(s) 07/01/2025 (on 04/04/2025)

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