Tenn. Code Ann. § 47-18-4902 — TN Code / Title 47 / Chapter 18 / Section 47-18-4902
Part definitions
Status: in_force

As used in this part: (1) "Biological sample" means a human material known to contain DNA, including tissue, blood, urine, or saliva; (2) "Consumer" means an individual who is a resident of the state; (3) "Deidentified data" means data that: (A) (i) Cannot reasonably be linked to an identifiable individual; or (ii) Meets the standard for deidentification under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and rules promulgated pursuant to that act; and (B) Is possessed by a company that: (i) Takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer; (ii) Makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and (iii) Enters into a legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data; (4) "Direct-to-consumer genetic testing company" or "company": (A) Means an entity that: (i) Offers consumer genetic testing products or services directly to a consumer; or (ii) Collects, uses, or analyzes genetic data that resulted from a direct-to-consumer genetic testing product or service and was provided to the company by a consumer; and (B) Does not include: (i) A law enforcement agency; or (ii) An entity that is, and only while, engaged in collecting, using, or analyzing genetic data or biological samples in the context of research, as defined in 45 CFR § 164.501 , that is conducted in accordance with: (a) The Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46; (b) The Good Clinical Practice Guideline issued by the International Council for Harmonization; or (c) The United States Food and Drug Administration Policy for the Protection of Human Subjects under 21 CFR Parts 50 and 56; (5) "DNA" means deoxyribonucleic acid; (6) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose; (7) "First-party relationship" means the relationship between a company and a consumer from which the company has collected genetic data; (8) "Genetic data" means data, excluding deidentified data, regardless of format, concerning a consumer's genetic characteristics, including: (A) Raw sequence data that results from sequencing all or a portion of a consumer's extracted DNA; (B) Genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; or (C) Self-reported health information regarding a consumer's health conditions that the consumer provides to a company and that the company: (i) Uses for scientific research or product development; and (ii) Analyzes in connection with the consumer's raw sequence data; (9) "Genetic testing" means: (A) A laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or (B) An interpretation of a consumer's genetic data; and (10) "Person" means an individual, corporation, business, partnership, limited liability company, or other business entity. Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
As used in this part:
(1) "Biological sample" means a human material known to contain DNA, including tissue, blood, urine, or saliva;
(2) "Consumer" means an individual who is a resident of the state;
(3) "Deidentified data" means data that: (A) (i) Cannot reasonably be linked to an identifiable individual; or (ii) Meets the standard for deidentification under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and rules promulgated pursuant to that act; and (B) Is possessed by a company that: (i) Takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer; (ii) Makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and (iii) Enters into a legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data;
(A) (i) Cannot reasonably be linked to an identifiable individual; or (ii) Meets the standard for deidentification under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and rules promulgated pursuant to that act; and
(i) Cannot reasonably be linked to an identifiable individual; or
(ii) Meets the standard for deidentification under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) and rules promulgated pursuant to that act; and
(B) Is possessed by a company that: (i) Takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer; (ii) Makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and (iii) Enters into a legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data;
(i) Takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
(ii) Makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and
(iii) Enters into a legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data;
(4) "Direct-to-consumer genetic testing company" or "company": (A) Means an entity that: (i) Offers consumer genetic testing products or services directly to a consumer; or (ii) Collects, uses, or analyzes genetic data that resulted from a direct-to-consumer genetic testing product or service and was provided to the company by a consumer; and (B) Does not include: (i) A law enforcement agency; or (ii) An entity that is, and only while, engaged in collecting, using, or analyzing genetic data or biological samples in the context of research, as defined in 45 CFR § 164.501 , that is conducted in accordance with: (a) The Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46; (b) The Good Clinical Practice Guideline issued by the International Council for Harmonization; or (c) The United States Food and Drug Administration Policy for the Protection of Human Subjects under 21 CFR Parts 50 and 56;
(A) Means an entity that: (i) Offers consumer genetic testing products or services directly to a consumer; or (ii) Collects, uses, or analyzes genetic data that resulted from a direct-to-consumer genetic testing product or service and was provided to the company by a consumer; and
(i) Offers consumer genetic testing products or services directly to a consumer; or
(ii) Collects, uses, or analyzes genetic data that resulted from a direct-to-consumer genetic testing product or service and was provided to the company by a consumer; and
(B) Does not include: (i) A law enforcement agency; or (ii) An entity that is, and only while, engaged in collecting, using, or analyzing genetic data or biological samples in the context of research, as defined in 45 CFR § 164.501 , that is conducted in accordance with: (a) The Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46; (b) The Good Clinical Practice Guideline issued by the International Council for Harmonization; or (c) The United States Food and Drug Administration Policy for the Protection of Human Subjects under 21 CFR Parts 50 and 56;
(i) A law enforcement agency; or
(ii) An entity that is, and only while, engaged in collecting, using, or analyzing genetic data or biological samples in the context of research, as defined in 45 CFR § 164.501 , that is conducted in accordance with: (a) The Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46; (b) The Good Clinical Practice Guideline issued by the International Council for Harmonization; or (c) The United States Food and Drug Administration Policy for the Protection of Human Subjects under 21 CFR Parts 50 and 56;
(a) The Federal Policy for the Protection of Human Subjects, as described in 45 CFR Part 46;
(b) The Good Clinical Practice Guideline issued by the International Council for Harmonization; or
(c) The United States Food and Drug Administration Policy for the Protection of Human Subjects under 21 CFR Parts 50 and 56;
(5) "DNA" means deoxyribonucleic acid;
(6) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose;
(7) "First-party relationship" means the relationship between a company and a consumer from which the company has collected genetic data;
(8) "Genetic data" means data, excluding deidentified data, regardless of format, concerning a consumer's genetic characteristics, including: (A) Raw sequence data that results from sequencing all or a portion of a consumer's extracted DNA; (B) Genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; or (C) Self-reported health information regarding a consumer's health conditions that the consumer provides to a company and that the company: (i) Uses for scientific research or product development; and (ii) Analyzes in connection with the consumer's raw sequence data;
(A) Raw sequence data that results from sequencing all or a portion of a consumer's extracted DNA;
(B) Genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; or
(C) Self-reported health information regarding a consumer's health conditions that the consumer provides to a company and that the company: (i) Uses for scientific research or product development; and (ii) Analyzes in connection with the consumer's raw sequence data;
(i) Uses for scientific research or product development; and
(ii) Analyzes in connection with the consumer's raw sequence data;
(9) "Genetic testing" means: (A) A laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or (B) An interpretation of a consumer's genetic data; and
(A) A laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or
(B) An interpretation of a consumer's genetic data; and
(10) "Person" means an individual, corporation, business, partnership, limited liability company, or other business entity.
Added by 2023 Tenn. Acts, ch. 324, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 47-25-1301 — TN Code / Title 47 / Chapter 25 / Section 47-25-1301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Current model" means a model listed in the wholesaler's, manufacturer's or distributor's current sales manual or any supplements thereto; (2) "Current net price" means the price listed in the supplier's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts; (3) "Inventory" means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments and repair parts; (4) "Retailer" means any person, firm or corporation engaged in the business of selling and retailing farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, attachments or repair parts and shall not include retailers of petroleum products; (5) "Superseded part" means any part that will provide the same function as a currently available part as of the date of cancellation; and (6) "Supplier" means any manufacturer, wholesaler, wholesale distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler or distributor. Acts 1999, ch. 193, § 2.
As used in this part, unless the context otherwise requires:
(1) "Current model" means a model listed in the wholesaler's, manufacturer's or distributor's current sales manual or any supplements thereto;
(2) "Current net price" means the price listed in the supplier's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts;
(3) "Inventory" means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments and repair parts;
(4) "Retailer" means any person, firm or corporation engaged in the business of selling and retailing farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, attachments or repair parts and shall not include retailers of petroleum products;
(5) "Superseded part" means any part that will provide the same function as a currently available part as of the date of cancellation; and
(6) "Supplier" means any manufacturer, wholesaler, wholesale distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler or distributor.
Acts 1999, ch. 193, § 2.
Tenn. Code Ann. § 47-2-505 — TN Code / Title 47 / Chapter 2 / Section 47-2-505
Seller's shipment under reservation
Status: in_force

(1) Where the seller has identified goods to the contract by or before shipment: (A) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named; (B) A non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (§ 47-2-507(2) ) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading. (2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title. Acts 1963, ch. 81, § 1 (2-505); Acts 2008 , ch. 814, §§ 9, 10.
(1) Where the seller has identified goods to the contract by or before shipment: (A) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named; (B) A non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (§ 47-2-507(2) ) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.
(A) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named;
(B) A non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (§ 47-2-507(2) ) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.
(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title.
Acts 1963, ch. 81, § 1 (2-505); Acts 2008 , ch. 814, §§ 9, 10.
Tenn. Code Ann. § 47-18-403 — TN Code / Title 47 / Chapter 18 / Section 47-18-403
Applicability of part
Status: in_force

This part applies to any person who owns or operates a web site or online service dealing in the electronic dissemination of commercial recordings or audiovisual works, directly or indirectly, to one (1) or more consumers or other persons in this state. Acts 2014, ch. 595, § 1.
This part applies to any person who owns or operates a web site or online service dealing in the electronic dissemination of commercial recordings or audiovisual works, directly or indirectly, to one (1) or more consumers or other persons in this state.
Acts 2014, ch. 595, § 1.
Tenn. Code Ann. § 47-8-406 — TN Code / Title 47 / Chapter 8 / Section 47-8-406
Obligation to issuer of destroyed, or wrongfully taken security certificate
Status: in_force

If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under § 47-8-404 or a claim to a new security certificate under § 47-8-405 . Acts 1997, ch. 79, § 1.
If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under § 47-8-404 or a claim to a new security certificate under § 47-8-405 .
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-1808 — TN Code / Title 47 / Chapter 18 / Section 47-18-1808
Statute of limitations
Status: in_force

Any action commenced pursuant to this part shall be brought within one (1) year from discovery of the alleged sale of an improperly marked article. Acts 1997, ch. 244, § 8.
Any action commenced pursuant to this part shall be brought within one (1) year from discovery of the alleged sale of an improperly marked article.
Acts 1997, ch. 244, § 8.
Tenn. Code Ann. § 47-18-5530 — TN Code / Title 47 / Chapter 18 / Section 47-18-5530
Advertising
Status: in_force

(a) If the agreements of a provider contemplate that creditors will reduce finance charges or fees for late payment, default or delinquency and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management plan may make it harder for the individual to obtain credit. (b) If the agreements of a provider contemplate that creditors will settle for less than the full principal amount of debt and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, the information specified in § 47-18-5517(d)(3) and (4) . Acts 2009, ch. 469, § 1.
(a) If the agreements of a provider contemplate that creditors will reduce finance charges or fees for late payment, default or delinquency and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management plan may make it harder for the individual to obtain credit.
(b) If the agreements of a provider contemplate that creditors will settle for less than the full principal amount of debt and the provider advertises debt-management services, it shall disclose, in an easily comprehensible manner, the information specified in § 47-18-5517(d)(3) and (4) .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-18-313 — TN Code / Title 47 / Chapter 18 / Section 47-18-313
Responsibility for compliance
Status: in_force

Any individual, firm, corporation, association, or other legal entity that obtains an ownership interest in a health club or its assets shall be responsible for determining that the health club is in compliance with this part. Amended by 2016 Tenn. Acts, ch. 858,s 11, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 339,s 17, eff. 7/1/2015. Acts 1989, ch. 460, § 8.
Any individual, firm, corporation, association, or other legal entity that obtains an ownership interest in a health club or its assets shall be responsible for determining that the health club is in compliance with this part.
Amended by 2016 Tenn. Acts, ch. 858,s 11, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 339,s 17, eff. 7/1/2015.
Acts 1989, ch. 460, § 8.
Tenn. Code Ann. § 47-26-1027 — TN Code / Title 47 / Chapter 26 / Section 47-26-1027
Publication of lists of licensed public weighmasters
Status: in_force

The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of licensed public weighmasters. Acts 1997, ch. 311, § 2.
The commissioner may publish, from time to time as the commissioner deems appropriate, and may supply upon request, lists of licensed public weighmasters.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-4a-201 — TN Code / Title 47 / Chapter 4a / Section 47-4a-201
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 2 - ISSUE AND ACCEPTANCE OF PAYMENT ORDER (§§ 47-4A-201 — 47-4A-212) Section 47-4A-201 - Security procedure
Status: in_force

"Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of: (i) Verifying that a payment order or communication amending or cancelling a payment order is that of the customer; or (ii) Detecting error in the transmission or the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure. Acts 1991, ch. 52, § 1.
"Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of:
(i) Verifying that a payment order or communication amending or cancelling a payment order is that of the customer; or
(ii) Detecting error in the transmission or the content of the payment order or communication.
A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-25-2006 — TN Code / Title 47 / Chapter 25 / Section 47-25-2006
Standards - Liability
Status: in_force

Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be liable for fines, penalties, injuries or damages arising out of the subsequent blending of gasoline, gasoline blending stock or diesel pursuant to this part. Acts 2009, ch. 523, § 1.
Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be liable for fines, penalties, injuries or damages arising out of the subsequent blending of gasoline, gasoline blending stock or diesel pursuant to this part.
Acts 2009, ch. 523, § 1.
Tenn. Code Ann. § 47-9-623 — TN Code / Title 47 / Chapter 9 / Section 47-9-623
Right to redeem collateral
Status: in_force

(a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) Requirements for redemption. To redeem collateral, a person shall tender: (1) fulfillment of all obligations secured by the collateral; and (2) the reasonable expenses and attorney's fees described in § 47-9-615(a)(1) . (c) When redemption may occur. A redemption may occur at any time before a secured party: (1) has collected collateral under § 47-9-607 ; (2) has disposed of collateral or entered into a contract for its disposition under § 47-9-610 ; or (3) has accepted collateral in full or partial satisfaction of the obligation it secures under § 47-9-622 . Acts 2000, ch. 846, § 1.
(a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.
(b) Requirements for redemption. To redeem collateral, a person shall tender: (1) fulfillment of all obligations secured by the collateral; and (2) the reasonable expenses and attorney's fees described in § 47-9-615(a)(1) .
(1) fulfillment of all obligations secured by the collateral; and
(2) the reasonable expenses and attorney's fees described in § 47-9-615(a)(1) .
(c) When redemption may occur. A redemption may occur at any time before a secured party: (1) has collected collateral under § 47-9-607 ; (2) has disposed of collateral or entered into a contract for its disposition under § 47-9-610 ; or (3) has accepted collateral in full or partial satisfaction of the obligation it secures under § 47-9-622 .
(1) has collected collateral under § 47-9-607 ;
(2) has disposed of collateral or entered into a contract for its disposition under § 47-9-610 ; or
(3) has accepted collateral in full or partial satisfaction of the obligation it secures under § 47-9-622 .
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-2a-206 — TN Code / Title 47 / Chapter 2a / Section 47-2a-206
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT (§§ 47-2A-201 — 47-2A-221) Section 47-2A-206 - Offer and acceptance in formation of lease contract
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances. (2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. Acts 1993, ch. 398, § 1.
(1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-3-407 — TN Code / Title 47 / Chapter 3 / Section 47-3-407
Alteration
Status: in_force

(a) "Alteration" means (i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party. (b) Except as provided in subsection (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms. (c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed. Acts 1995, ch. 397, § 2.
(a) "Alteration" means (i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.
(i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or
(ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.
(b) Except as provided in subsection (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.
(c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-705 — TN Code / Title 47 / Chapter 18 / Section 47-18-705
Cancellation - Refund of payments - Lien pending refund
Status: in_force

(a) Except as provided in this section, within ten (10) days after a home solicitation sale has been cancelled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. (c) Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to the buyer by the seller and has a lien on the goods in the buyer's possession or control for any recovery to which the buyer is entitled. Acts 1974, ch. 712, § 5; T.C.A., § 47-16-105 .
(a) Except as provided in this section, within ten (10) days after a home solicitation sale has been cancelled or an offer to purchase revoked the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(c) Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to the buyer by the seller and has a lien on the goods in the buyer's possession or control for any recovery to which the buyer is entitled.
Acts 1974, ch. 712, § 5; T.C.A., § 47-16-105 .
Tenn. Code Ann. § 47-18-1010 — TN Code / Title 47 / Chapter 18 / Section 47-18-1010
Violation of Consumer Protection Act - Institution of proceedings
Status: in_force

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act. (b) If the attorney general has reason to believe that any credit services business, or any salesperson, agent, representative, or independent contractor acting on behalf of a credit services business, has violated any provision of this part, the attorney general may institute a proceeding under this chapter. Acts 1988, ch. 897, § 10; 1998, ch. 854, § 8.
(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in part 1 of this chapter. For the purpose of application of the Tennessee Consumer Protection Act of 1977, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of any trade or commerce and subject to the penalties and remedies as provided by that act.
(b) If the attorney general has reason to believe that any credit services business, or any salesperson, agent, representative, or independent contractor acting on behalf of a credit services business, has violated any provision of this part, the attorney general may institute a proceeding under this chapter.
Acts 1988, ch. 897, § 10; 1998, ch. 854, § 8.
Tenn. Code Ann. § 47-13-111 — TN Code / Title 47 / Chapter 13 / Section 47-13-111
Noncompliance by trustee - Appointment of receiver
Status: in_force

If any trustee or assignee fails or refuses to comply with this chapter, the court having the jurisdiction of the monthly county court, upon application of any person interested, shall, in lieu of the delinquent, appoint a trustee or receiver who, upon executing the bond and taking the oath aforementioned, may execute the trust or assignment. Code 1858, § 1977 (deriv. Acts 1855-1856, ch. 113, § 11); Shan., §3526; Code 1932, § 7783; T.C.A. (orig. ed.), § 47-1511; modified.
If any trustee or assignee fails or refuses to comply with this chapter, the court having the jurisdiction of the monthly county court, upon application of any person interested, shall, in lieu of the delinquent, appoint a trustee or receiver who, upon executing the bond and taking the oath aforementioned, may execute the trust or assignment.
Code 1858, § 1977 (deriv. Acts 1855-1856, ch. 113, § 11); Shan., §3526; Code 1932, § 7783; T.C.A. (orig. ed.), § 47-1511; modified.
Tenn. Code Ann. § 47-9-705 — TN Code / Title 47 / Chapter 9 / Section 47-9-705
Effectiveness of action taken before effective date
Status: in_force

(a) Pre-effective-date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before July 1, 2001 and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this act takes effect, the action is effective to perfect a security interest that attaches under this act within one (1) year after July 1, 2001. An attached security interest becomes unperfected one (1) year after July 1, 2001 unless the security interest becomes a perfected security interest under this act before the expiration of that period. (b) Pre-effective-date filing. The filing of a financing statement before July 1, 2001 is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this act. (c) Pre-effective-date filing in jurisdiction formerly governing perfection. This act does not render ineffective an effective financing statement that, before July 1, 2001, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former § 47-9-103 . However, except as otherwise provided in subsections (d) and (e) and § 47-9-706 , the financing statement ceases to be effective at the earlier of: (1) the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or (2) June 30, 2006. (d) Continuation statement. The filing of a continuation statement after July 1, 2001 does not continue the effectiveness of the financing statement filed before July 1, 2001. However, upon the timely filing of a continuation statement after July 1, 2001 and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2001 continues for the period provided by the law of that jurisdiction. (e) Application of subdivision (c)(2) to transmitting utility financing statement. Subdivision (c)(2) applies to a financing statement that, before July 1, 2001, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former § 47-9-103 only to the extent that Part 3 provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement. (f) Application of Part 5. A financing statement that includes a financing statement filed before July 1, 2001 and a continuation statement filed after July 1, 2001 is effective only to the extent that it satisfies the requirements of Part 5 for an initial financing statement. Acts 2000, ch. 846, § 1.
(a) Pre-effective-date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before July 1, 2001 and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this act takes effect, the action is effective to perfect a security interest that attaches under this act within one (1) year after July 1, 2001. An attached security interest becomes unperfected one (1) year after July 1, 2001 unless the security interest becomes a perfected security interest under this act before the expiration of that period.
(b) Pre-effective-date filing. The filing of a financing statement before July 1, 2001 is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this act.
(c) Pre-effective-date filing in jurisdiction formerly governing perfection. This act does not render ineffective an effective financing statement that, before July 1, 2001, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former § 47-9-103 . However, except as otherwise provided in subsections (d) and (e) and § 47-9-706 , the financing statement ceases to be effective at the earlier of: (1) the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or (2) June 30, 2006.
(1) the time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or
(2) June 30, 2006.
(d) Continuation statement. The filing of a continuation statement after July 1, 2001 does not continue the effectiveness of the financing statement filed before July 1, 2001. However, upon the timely filing of a continuation statement after July 1, 2001 and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2001 continues for the period provided by the law of that jurisdiction.
(e) Application of subdivision (c)(2) to transmitting utility financing statement. Subdivision (c)(2) applies to a financing statement that, before July 1, 2001, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former § 47-9-103 only to the extent that Part 3 provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(f) Application of Part 5. A financing statement that includes a financing statement filed before July 1, 2001 and a continuation statement filed after July 1, 2001 is effective only to the extent that it satisfies the requirements of Part 5 for an initial financing statement.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-26-913 — TN Code / Title 47 / Chapter 26 / Section 47-26-913
Misrepresentation of pricing
Status: in_force

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Acts 1997, ch. 311, § 1.
No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-7-204 — TN Code / Title 47 / Chapter 7 / Section 47-7-204
Duty of care - Contractual limitation of warehouse's liability
Status: in_force

(a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care. (b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods. (c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement. Acts 2008, ch. 814, § 1.
(a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.
(b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.
(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-4a-304 — TN Code / Title 47 / Chapter 4a / Section 47-4a-304
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 4A - FUNDS TRANSFERS (§§ 47-4A-101 — 47-4A-507) Part 3 - EXECUTION OF SENDER'S PAYMENT ORDER BY RECEIVING BANK (§§ 47-4A-301 — 47-4A-305) Section 47-4A-304 - Duty of sender to report erroneously executed payment order
Status: in_force

If the sender of a payment order that is erroneously executed as stated in § 47-4A-303 receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding ninety (90) days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under § 47-4A-402(d) for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section. Acts 1991, ch. 52, § 1.
If the sender of a payment order that is erroneously executed as stated in § 47-4A-303 receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding ninety (90) days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under § 47-4A-402(d) for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-18-5509 — TN Code / Title 47 / Chapter 18 / Section 47-18-5509
Issuance or denial of certificate of registration
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), the administrator shall issue a certificate of registration as a provider to a person that complies with §§ 47-18-5505 and 47-18-5506 . (b) If an applicant has otherwise complied with §§ 47-18-5505 and 47-18-5506 , including a timely effort to obtain the information required by § 47-18-5506(14) , but the information has not been received, the administrator may issue a temporary certificate of registration. The temporary certificate shall expire no later than one hundred eighty (180) days after issuance. (c) The administrator may deny registration if: (1) The application contains information that is materially erroneous or incomplete; (2) An officer, director, or owner of the applicant has been convicted of a crime or suffered a civil judgment involving dishonesty, or the violation of state or federal securities laws; (3) The applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others; (4) The application is not accompanied by the fee established by the administrator; (5) The administrator finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this part; (6) The applicant or any of its officers, directors, or owners has violated this part or any rule promulgated pursuant to this part; or (7) The applicant or any of its officers, directors, or owners has engaged in any act or violation for which the administrator could suspend or revoke a registration under this part. (d) The administrator shall deny registration if, with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501 , the applicant's board of directors is not independent of the applicant's employees and agents. (e) Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , a board of directors is not independent for purposes of subsection (d) if more than one-fourth (¼) of its members: (1) Are affiliates of the applicant, as defined in § 47-18-5502(2)(A) or § 47-18-5502(2)(B)(i), (ii), (iv), (v), (vi) or (vii) ; or (2) After the date ten (10) years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than twenty-five thousand dollars ($25,000) in either the current year or the preceding year. Amended by 2015 Tenn. Acts, ch. 339, s 25, eff. 7/1/2015. Acts 2009 , ch. 469, § 1.
(a) Except as otherwise provided in subsections (c) and (d), the administrator shall issue a certificate of registration as a provider to a person that complies with §§ 47-18-5505 and 47-18-5506 .
(b) If an applicant has otherwise complied with §§ 47-18-5505 and 47-18-5506 , including a timely effort to obtain the information required by § 47-18-5506(14) , but the information has not been received, the administrator may issue a temporary certificate of registration. The temporary certificate shall expire no later than one hundred eighty (180) days after issuance.
(c) The administrator may deny registration if: (1) The application contains information that is materially erroneous or incomplete; (2) An officer, director, or owner of the applicant has been convicted of a crime or suffered a civil judgment involving dishonesty, or the violation of state or federal securities laws; (3) The applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others; (4) The application is not accompanied by the fee established by the administrator; (5) The administrator finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this part; (6) The applicant or any of its officers, directors, or owners has violated this part or any rule promulgated pursuant to this part; or (7) The applicant or any of its officers, directors, or owners has engaged in any act or violation for which the administrator could suspend or revoke a registration under this part.
(1) The application contains information that is materially erroneous or incomplete;
(2) An officer, director, or owner of the applicant has been convicted of a crime or suffered a civil judgment involving dishonesty, or the violation of state or federal securities laws;
(3) The applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others;
(4) The application is not accompanied by the fee established by the administrator;
(5) The administrator finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this part;
(6) The applicant or any of its officers, directors, or owners has violated this part or any rule promulgated pursuant to this part; or
(7) The applicant or any of its officers, directors, or owners has engaged in any act or violation for which the administrator could suspend or revoke a registration under this part.
(d) The administrator shall deny registration if, with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501 , the applicant's board of directors is not independent of the applicant's employees and agents.
(e) Subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , a board of directors is not independent for purposes of subsection (d) if more than one-fourth (¼) of its members: (1) Are affiliates of the applicant, as defined in § 47-18-5502(2)(A) or § 47-18-5502(2)(B)(i), (ii), (iv), (v), (vi) or (vii) ; or (2) After the date ten (10) years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than twenty-five thousand dollars ($25,000) in either the current year or the preceding year.
(1) Are affiliates of the applicant, as defined in § 47-18-5502(2)(A) or § 47-18-5502(2)(B)(i), (ii), (iv), (v), (vi) or (vii) ; or
(2) After the date ten (10) years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than twenty-five thousand dollars ($25,000) in either the current year or the preceding year.
Amended by 2015 Tenn. Acts, ch. 339, s 25, eff. 7/1/2015.
Acts 2009 , ch. 469, § 1.
Tenn. Code Ann. § 47-2-106 — TN Code / Title 47 / Chapter 2 / Section 47-2-106
Definitions - "Contract" - "Agreement" - "Contract for sale" - "Sale" - "Present sale" - "Conforming to contract" - "Termination" - "Cancellation."
Status: in_force

(1) In this chapter unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (§ 47-2-401 ). A "present sale" means a sale which is accomplished by the making of the contract. (2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract. (3) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives. (4) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance. Acts 1963, ch. 81, § 1 (2-106).
(1) In this chapter unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (§ 47-2-401 ). A "present sale" means a sale which is accomplished by the making of the contract.
(2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.
(3) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
(4) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.
Acts 1963, ch. 81, § 1 (2-106).
Tenn. Code Ann. § 47-25-624 — TN Code / Title 47 / Chapter 25 / Section 47-25-624
Dealer trade associations
Status: in_force

No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing that dealer from joining any trade association made up of dealers. Acts 1977, ch. 422, § 4; T.C.A., § 69-724.
No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing that dealer from joining any trade association made up of dealers.
Acts 1977, ch. 422, § 4; T.C.A., § 69-724.
Tenn. Code Ann. § 47-18-708 — TN Code / Title 47 / Chapter 18 / Section 47-18-708
Nonwaivable buyer's rights
Status: in_force

(a) No seller shall use a form or contract in providing goods or services that purports to waive a buyer's right to obtain: (1) Punitive damages; (2) Exemplary damages; (3) Treble damages; or (4) Attorney's fees. (b) Any form or contract containing a prohibited provision as described above shall be deemed unconscionable and unenforceable as to such provision. Acts 2001, ch. 116, § 1.
(a) No seller shall use a form or contract in providing goods or services that purports to waive a buyer's right to obtain: (1) Punitive damages; (2) Exemplary damages; (3) Treble damages; or (4) Attorney's fees.
(1) Punitive damages;
(2) Exemplary damages;
(3) Treble damages; or
(4) Attorney's fees.
(b) Any form or contract containing a prohibited provision as described above shall be deemed unconscionable and unenforceable as to such provision.
Acts 2001, ch. 116, § 1.
Tenn. Code Ann. § 47-8-504 — TN Code / Title 47 / Chapter 8 / Section 47-8-504
Duty of securities intermediary to maintain financial asset
Status: in_force

(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one (1) or more other securities intermediaries. (b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (a). (c) A securities intermediary satisfies the duty in subsection (a) if: (1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset. (d) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements. Acts 1997, ch. 79, § 1.
(a) A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of all security entitlements it has established in favor of its entitlement holders with respect to that financial asset. The securities intermediary may maintain those financial assets directly or through one (1) or more other securities intermediaries.
(b) Except to the extent otherwise agreed by its entitlement holder, a securities intermediary may not grant any security interests in a financial asset it is obligated to maintain pursuant to subsection (a).
(c) A securities intermediary satisfies the duty in subsection (a) if: (1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.
(1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or
(2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to obtain and maintain the financial asset.
(d) This section does not apply to a clearing corporation that is itself the obligor of an option or similar obligation to which its entitlement holders have security entitlements.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-13-119 — TN Code / Title 47 / Chapter 13 / Section 47-13-119
Mortgages, deeds of trust or security agreements
Status: in_force

This chapter shall not prevent any person from making a mortgage, deed of trust, or security agreement under the Uniform Commercial Code to secure the payment for property bought or money lent, or for necessary advancements of supplies, stock, or farming implements to be made, to enable the owner of crops to make and save the same; provided, that the mortgage, deed of trust, or security agreement is executed at the time of buying the property, or borrowing the money, or making the contract for the advancements to be made, if the mortgage, deed of trust, or security agreement fixes the amount of advancement to be made under the contract. Acts 1881, ch. 121, § 5; 1883, ch. 25, § 1; Shan., § 3527a5; mod. Code 1932, §7791; T.C.A. (orig. ed.), § 47-1519; Acts 1963, ch. 81, § 1 (10-104).
This chapter shall not prevent any person from making a mortgage, deed of trust, or security agreement under the Uniform Commercial Code to secure the payment for property bought or money lent, or for necessary advancements of supplies, stock, or farming implements to be made, to enable the owner of crops to make and save the same; provided, that the mortgage, deed of trust, or security agreement is executed at the time of buying the property, or borrowing the money, or making the contract for the advancements to be made, if the mortgage, deed of trust, or security agreement fixes the amount of advancement to be made under the contract.
Acts 1881, ch. 121, § 5; 1883, ch. 25, § 1; Shan., § 3527a5; mod. Code 1932, §7791; T.C.A. (orig. ed.), § 47-1519; Acts 1963, ch. 81, § 1 (10-104).
Tenn. Code Ann. § 47-18-3006 — TN Code / Title 47 / Chapter 18 / Section 47-18-3006
Effect of part
Status: in_force

Nothing in this part: (1) Limits or otherwise affects the authority of the Tennessee Supreme Court to regulate the practice of law, enforce the Rules of Professional Conduct, or discipline persons admitted to the bar; or (2) Creates or implies liability on behalf of a broadcaster who holds a license for over-the-air terrestrial broadcasting from the federal communications commission, or against a cable operator as defined in 47 U.S.C. § 522(5) . Acts 2019, ch. 119, § 1.
Nothing in this part:
(1) Limits or otherwise affects the authority of the Tennessee Supreme Court to regulate the practice of law, enforce the Rules of Professional Conduct, or discipline persons admitted to the bar; or
(2) Creates or implies liability on behalf of a broadcaster who holds a license for over-the-air terrestrial broadcasting from the federal communications commission, or against a cable operator as defined in 47 U.S.C. § 522(5) .
Acts 2019, ch. 119, § 1.
Tenn. Code Ann. § 47-18-1509 — TN Code / Title 47 / Chapter 18 / Section 47-18-1509
Injunctive relief - Recovery of damages
Status: in_force

(a) The district attorney general of the county in which or from which automated calls in violation of this part are made may seek injunctive relief to enforce this part and recover such statutory damages and attorney's fees as are set out in § 47-18-1510 . (b) Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this part on behalf of others similarly situated. Acts 1990, ch. 874, § 9.
(a) The district attorney general of the county in which or from which automated calls in violation of this part are made may seek injunctive relief to enforce this part and recover such statutory damages and attorney's fees as are set out in § 47-18-1510 .
(b) Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this part on behalf of others similarly situated.
Acts 1990, ch. 874, § 9.
Tenn. Code Ann. § 47-2a-203 — TN Code / Title 47 / Chapter 2a / Section 47-2a-203
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT (§§ 47-2A-201 — 47-2A-221) Section 47-2A-203 - Seals inoperative
Status: in_force

The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer. Acts 1993, ch. 398, § 1.
The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-18-1101 — TN Code / Title 47 / Chapter 18 / Section 47-18-1101
Part definitions
Status: in_force

For purposes of this part: (1) "Appropriate inventory repurchase program" means a program by which a plan or operation repurchases, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the company ends, current and marketable inventory in the possession of the salesperson and purchased by the salesperson for resale, and such plan or operation clearly describes the program in its recruiting literature, sales manual, or contract with independent salespersons, including but not limited to, disclosure of any inventory that is not eligible for repurchase under the program. For purposes of this subdivision (1): (A) "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months from date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any; (B) "Current and marketable" excludes inventory that: (i) Is no longer within its commercially reasonable use or shelf-life period; (ii) Was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program; or (iii) Has been used or opened; and (C) "Inventory" includes both goods and services, including, but not limited to, company-produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase; (2) "Compensation": (A) Means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to become a participant in a pyramid promotional scheme; and (B) Does not include payments that are based on sales of goods or services by a person to others, including anyone who is purchasing the goods or services for actual use or consumption, so long as the plan or operation does not promote inventory loading and implements an appropriate inventory repurchase program; (3) "Consideration": (A) Means the payment of cash or the purchase of goods, services, or intangible property; and (B) Does not include: (i) The purchase of goods or services furnished at cost to be used in making sales and not for resale; or (ii) Time and effort spent in pursuit of sales or recruiting activities; (4) "Inventory loading" means that the plan or operation requires or encourages its independent salespersons to purchase inventory or services in an amount that unreasonably exceeds what the salesperson can expect to resell for ultimate consumption or consume in a reasonable time period; (5) "Participant" means a person who gives consideration for the opportunity to receive compensation in return for inducing others to join a pyramid promotional scheme; (6) "Person" means an individual, a corporation, a partnership, or any association or unincorporated organization; (7) "Promotes" means to contrive, prepare, establish, plan, operate, advertise, or to otherwise induce or attempt to induce another person to be a participant in a pyramid promotional scheme; and (8) (A) "Pyramid promotional scheme": (i) Means any plan or operation by which a participant gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation; and (ii) Includes a plan or operation under which: (a) The number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation; or (b) A participant, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation; (B) Nothing in this part may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and the plan or operation implements an appropriate inventory repurchase program. Acts 2014, ch. 802, § 1.
For purposes of this part:
(1) "Appropriate inventory repurchase program" means a program by which a plan or operation repurchases, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the company ends, current and marketable inventory in the possession of the salesperson and purchased by the salesperson for resale, and such plan or operation clearly describes the program in its recruiting literature, sales manual, or contract with independent salespersons, including but not limited to, disclosure of any inventory that is not eligible for repurchase under the program. For purposes of this subdivision (1): (A) "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months from date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any; (B) "Current and marketable" excludes inventory that: (i) Is no longer within its commercially reasonable use or shelf-life period; (ii) Was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program; or (iii) Has been used or opened; and (C) "Inventory" includes both goods and services, including, but not limited to, company-produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase;
(A) "Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months from date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any;
(B) "Current and marketable" excludes inventory that: (i) Is no longer within its commercially reasonable use or shelf-life period; (ii) Was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program; or (iii) Has been used or opened; and
(i) Is no longer within its commercially reasonable use or shelf-life period;
(ii) Was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program; or
(iii) Has been used or opened; and
(C) "Inventory" includes both goods and services, including, but not limited to, company-produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase;
(2) "Compensation": (A) Means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to become a participant in a pyramid promotional scheme; and (B) Does not include payments that are based on sales of goods or services by a person to others, including anyone who is purchasing the goods or services for actual use or consumption, so long as the plan or operation does not promote inventory loading and implements an appropriate inventory repurchase program;
(A) Means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to become a participant in a pyramid promotional scheme; and
(B) Does not include payments that are based on sales of goods or services by a person to others, including anyone who is purchasing the goods or services for actual use or consumption, so long as the plan or operation does not promote inventory loading and implements an appropriate inventory repurchase program;
(3) "Consideration": (A) Means the payment of cash or the purchase of goods, services, or intangible property; and (B) Does not include: (i) The purchase of goods or services furnished at cost to be used in making sales and not for resale; or (ii) Time and effort spent in pursuit of sales or recruiting activities;
(A) Means the payment of cash or the purchase of goods, services, or intangible property; and
(B) Does not include: (i) The purchase of goods or services furnished at cost to be used in making sales and not for resale; or (ii) Time and effort spent in pursuit of sales or recruiting activities;
(i) The purchase of goods or services furnished at cost to be used in making sales and not for resale; or
(ii) Time and effort spent in pursuit of sales or recruiting activities;
(4) "Inventory loading" means that the plan or operation requires or encourages its independent salespersons to purchase inventory or services in an amount that unreasonably exceeds what the salesperson can expect to resell for ultimate consumption or consume in a reasonable time period;
(5) "Participant" means a person who gives consideration for the opportunity to receive compensation in return for inducing others to join a pyramid promotional scheme;
(6) "Person" means an individual, a corporation, a partnership, or any association or unincorporated organization;
(7) "Promotes" means to contrive, prepare, establish, plan, operate, advertise, or to otherwise induce or attempt to induce another person to be a participant in a pyramid promotional scheme; and
(8) (A) "Pyramid promotional scheme": (i) Means any plan or operation by which a participant gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation; and (ii) Includes a plan or operation under which: (a) The number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation; or (b) A participant, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation; (B) Nothing in this part may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and the plan or operation implements an appropriate inventory repurchase program.
(A) "Pyramid promotional scheme": (i) Means any plan or operation by which a participant gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation; and (ii) Includes a plan or operation under which: (a) The number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation; or (b) A participant, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation;
(i) Means any plan or operation by which a participant gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation; and
(ii) Includes a plan or operation under which: (a) The number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation; or (b) A participant, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation;
(a) The number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation; or
(b) A participant, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation;
(B) Nothing in this part may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and the plan or operation implements an appropriate inventory repurchase program.
Acts 2014, ch. 802, § 1.
Tenn. Code Ann. § 47-2-709 — TN Code / Title 47 / Chapter 2 / Section 47-2-709
Action for the price
Status: in_force

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price: (a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold. (3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 47-2-610 ), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section. Acts 1963, ch. 81, § 1 (2-709).
(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price: (a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.
(a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and
(b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.
(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.
(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 47-2-610 ), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
Acts 1963, ch. 81, § 1 (2-709).
Tenn. Code Ann. § 47-32-104 — TN Code / Title 47 / Chapter 32 / Section 47-32-104
Disbursement of loan funds to settlement agent
Status: in_force

(a) A mortgage lender, mortgage loan broker, mortgage loan servicer, or other person shall, at or before loan closing, cause disbursement of loan funds, in one (1) of the forms identified in § 47-32-102(3) , to the settlement agent. (b) In any transaction in which the borrower may exercise a right of rescission under the federal Truth-in-Lending Act, compiled in 15 U.S.C. § 1601 et seq., and applicable federal regulations and interpretations, a mortgage lender, mortgage loan broker, mortgage loan servicer, or other person, shall cause disbursement of loan funds to the settlement agent not later than the first business day after the expiration of the rescission period. Acts 2005, ch. 273, § 5.
(a) A mortgage lender, mortgage loan broker, mortgage loan servicer, or other person shall, at or before loan closing, cause disbursement of loan funds, in one (1) of the forms identified in § 47-32-102(3) , to the settlement agent.
(b) In any transaction in which the borrower may exercise a right of rescission under the federal Truth-in-Lending Act, compiled in 15 U.S.C. § 1601 et seq., and applicable federal regulations and interpretations, a mortgage lender, mortgage loan broker, mortgage loan servicer, or other person, shall cause disbursement of loan funds to the settlement agent not later than the first business day after the expiration of the rescission period.
Acts 2005, ch. 273, § 5.
Tenn. Code Ann. § 47-4-109 — TN Code / Title 47 / Chapter 4 / Section 47-4-109
Delays
Status: in_force

(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by chapters 1-9 of this title for a period not exceeding two (2) additional banking days without discharge of drawers or endorsers or liability to its transferor or a prior party. (b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by chapters 1-9 of this title or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require. Acts 1963, ch. 81, § 1 (4-108); T.C.A. § 47-4-108 ; Acts 1995, ch. 397, § 3.
(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by chapters 1-9 of this title for a period not exceeding two (2) additional banking days without discharge of drawers or endorsers or liability to its transferor or a prior party.
(b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by chapters 1-9 of this title or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require.
Acts 1963, ch. 81, § 1 (4-108); T.C.A. § 47-4-108 ; Acts 1995, ch. 397, § 3.
Tenn. Code Ann. § 47-25-517 — TN Code / Title 47 / Chapter 25 / Section 47-25-517
Fees
Status: in_force

The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable under this part are not refundable. Acts 2000, ch. 671, § 1.
The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable under this part are not refundable.
Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-18-210 — TN Code / Title 47 / Chapter 18 / Section 47-18-210
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, s 10, eff. 7/1/2015. Acts 1999, ch. 55, § 5.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 10, eff. 7/1/2015.
Acts 1999, ch. 55, § 5.
Tenn. Code Ann. § 47-9-524 — TN Code / Title 47 / Chapter 9 / Section 47-9-524
Delay by filing office
Status: in_force

Delay by the filing office beyond a time limit prescribed by this part is excused if: (1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and (2) the filing office exercises reasonable diligence under the circumstances. Acts 2000, ch. 846, § 1.
Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
(2) the filing office exercises reasonable diligence under the circumstances.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-5526 — TN Code / Title 47 / Chapter 18 / Section 47-18-5526
Termination of agreements
Status: in_force

(a) If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement. (b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual: (1) Any money of the individual held in trust for the benefit of the individual; and (2) Sixty-five percent (65%) of any portion of the set-up fee received pursuant to [former] § 47-18-5523(d)(2) [repealed] that has not been credited against settlement fees. Acts 2009 , ch. 469, § 1.
(a) If an individual who has entered into an agreement fails for sixty (60) days to make payments required by the agreement, a provider may terminate the agreement.
(b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual: (1) Any money of the individual held in trust for the benefit of the individual; and (2) Sixty-five percent (65%) of any portion of the set-up fee received pursuant to [former] § 47-18-5523(d)(2) [repealed] that has not been credited against settlement fees.
(1) Any money of the individual held in trust for the benefit of the individual; and
(2) Sixty-five percent (65%) of any portion of the set-up fee received pursuant to [former] § 47-18-5523(d)(2) [repealed] that has not been credited against settlement fees.
Acts 2009 , ch. 469, § 1.
Tenn. Code Ann. § 47-18-2401 — TN Code / Title 47 / Chapter 18 / Section 47-18-2401
Notice requirements for unsolicited loans
Status: in_force

Unless otherwise agreed, where unsolicited mail that resembles a check is, upon endorsement by the payee, a loan, the payee is under no duty to repay such loan unless such unsolicited mail has upon its face in boldface letters at least one-half inch (½") in height the following: THIS IS A LOAN. Acts 1999, ch. 395, § 2.
Unless otherwise agreed, where unsolicited mail that resembles a check is, upon endorsement by the payee, a loan, the payee is under no duty to repay such loan unless such unsolicited mail has upon its face in boldface letters at least one-half inch (½") in height the following:
THIS IS A LOAN.
Acts 1999, ch. 395, § 2.
Tenn. Code Ann. § 47-3-107 — TN Code / Title 47 / Chapter 3 / Section 47-3-107
Instrument payable in foreign money
Status: in_force

Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid. Acts 1995, ch. 397, § 2.
Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-9-626 — TN Code / Title 47 / Chapter 9 / Section 47-9-626
Action in which deficiency or surplus is in issue
Status: in_force

In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply: (1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue. (2) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part. (3) Except as otherwise provided in § 47-9-628 , if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of: (A) the proceeds of the collection, enforcement, disposition, or acceptance; or (B) the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with this part relating to collection, enforcement, disposition, or acceptance. (4) For purposes of paragraph (3)(B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum. (5) If a deficiency or surplus is calculated under § 47-9-615(f) , the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought. Acts 2000, ch. 846, § 1.
In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue.
(2) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.
(3) Except as otherwise provided in § 47-9-628 , if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of: (A) the proceeds of the collection, enforcement, disposition, or acceptance; or (B) the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with this part relating to collection, enforcement, disposition, or acceptance.
(A) the proceeds of the collection, enforcement, disposition, or acceptance; or
(B) the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with this part relating to collection, enforcement, disposition, or acceptance.
(4) For purposes of paragraph (3)(B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum.
(5) If a deficiency or surplus is calculated under § 47-9-615(f) , the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-5521 — TN Code / Title 47 / Chapter 18 / Section 47-18-5521
Required language
Status: in_force

Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this part must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language of the disclosures and documents required by this part. Acts 2009, ch. 469, § 1.
Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this part must be in English. If a provider communicates with an individual primarily in a language other than English, the provider must furnish a translation into the other language of the disclosures and documents required by this part.
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-7-103 — TN Code / Title 47 / Chapter 7 / Section 47-7-103
Relation of chapter to treaty or statute
Status: in_force

(a) This chapter is subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable. (b) This chapter does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this chapter. However, violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title. (c) This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, compiled in 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, codified in 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in § 103(b) of that act, codified in 15 U.S.C. § 7003(b) . (d) To the extent there is a conflict between this chapter and the Uniform Electronic Transactions Act (UETA), compiled chapter 10, part 1 of this title, this chapter governs. Acts 2008, ch. 814, § 1.
(a) This chapter is subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable.
(b) This chapter does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this chapter. However, violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title.
(c) This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, compiled in 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, codified in 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in § 103(b) of that act, codified in 15 U.S.C. § 7003(b) .
(d) To the extent there is a conflict between this chapter and the Uniform Electronic Transactions Act (UETA), compiled chapter 10, part 1 of this title, this chapter governs.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-10-117 — TN Code / Title 47 / Chapter 10 / Section 47-10-117
Creation and retention of electronic records and conversion of written records by governmental agencies
Status: in_force

(a) Except as may otherwise be specifically required or prohibited by applicable law, the information systems council established under § 4-3-5501 , shall determine whether, and the extent to which, this state or any of its departments or agencies will create and retain electronic records and convert written records to electronic records. (b) Except as may otherwise be specifically required or prohibited by applicable law, and subject to § 47-10-120 , all local governmental public officials, including but not limited to officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , shall themselves determine whether, and the extent to which, they will create and retain electronic records and convert written records to electronic records. (c) In addition to any requirements established by this chapter, any governmental agency creating and retaining records in electronic format shall do so in accordance with the standards and limitations established in § 10-7-121 . Likewise, any county official providing computer access and remote electronic access to governmental records shall do so in accordance with the standards and limitations for such practice established in § 10-7-123 . Nothing in this chapter shall be construed as relieving a county official from complying with the provisions of title 10, chapter 7, part 4, regarding the retention of county public records, specifically the provisions of § 10-7-404(d) , which requires approval of the county public records commission prior to the destruction of original documents which have been transferred to computer storage media. Acts 2001, ch. 72, § 17.
(a) Except as may otherwise be specifically required or prohibited by applicable law, the information systems council established under § 4-3-5501 , shall determine whether, and the extent to which, this state or any of its departments or agencies will create and retain electronic records and convert written records to electronic records.
(b) Except as may otherwise be specifically required or prohibited by applicable law, and subject to § 47-10-120 , all local governmental public officials, including but not limited to officials of counties, municipalities, utility districts, other local governmental entities and those offices enumerated under § 8-22-101 , shall themselves determine whether, and the extent to which, they will create and retain electronic records and convert written records to electronic records.
(c) In addition to any requirements established by this chapter, any governmental agency creating and retaining records in electronic format shall do so in accordance with the standards and limitations established in § 10-7-121 . Likewise, any county official providing computer access and remote electronic access to governmental records shall do so in accordance with the standards and limitations for such practice established in § 10-7-123 . Nothing in this chapter shall be construed as relieving a county official from complying with the provisions of title 10, chapter 7, part 4, regarding the retention of county public records, specifically the provisions of § 10-7-404(d) , which requires approval of the county public records commission prior to the destruction of original documents which have been transferred to computer storage media.
Acts 2001, ch. 72, § 17.
Tenn. Code Ann. § 47-26-1019 — TN Code / Title 47 / Chapter 26 / Section 47-26-1019
Reciprocal acceptance of certificates
Status: in_force

The commissioner is authorized to recognize and accept certificates issued by licensed public weighmasters of other states or federal agencies that recognize and accept certificates issued by public weighmasters of this state. Acts 1997, ch. 311, § 2.
The commissioner is authorized to recognize and accept certificates issued by licensed public weighmasters of other states or federal agencies that recognize and accept certificates issued by public weighmasters of this state.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-18-109 — TN Code / Title 47 / Chapter 18 / Section 47-18-109
Private right of action - Damages - Notice to attorney general
Status: in_force

(a) (1) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in § 47-18-104(b) and declared to be unlawful by this part, may bring an action individually to recover actual damages. (2) The action may be brought in a court of competent jurisdiction in the county where the alleged unfair or deceptive act or practice took place, is taking place, or is about to take place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. (3) If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper, except that the court may not award exemplary or punitive damages for the same unfair or deceptive practice. (4) In determining whether treble damages should be awarded, the trial court may consider, among other things: (A) The competence of the consumer or other person; (B) The nature of the deception or coercion practiced upon the consumer or other person; (C) The damage to the consumer or other person; and (D) The good faith of the person found to have violated this part. (5) This subsection (a) does not apply with respect to alleged violations of the Tennessee Equal Consumer Credit Act of 1974, compiled in part 8 of this chapter. (b) Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the act or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed once the attorney general has commenced a proceeding pursuant to § 47-18-107 or § 47-18-108 . (c) (1) Any person who has been affected by an act or practice declared to be a violation of this part may accept any written reasonable offer of settlement made by the person or persons considered to have violated this part; provided, that the tender of acceptance of such a settlement offer shall not abate any proceeding commenced by the attorney general pursuant to § 47-18-107 or § 47-18-108 . (2) Such a settlement may be set aside by a court of competent jurisdiction at the request of the affected person or of the attorney general if such a request is made within one (1) year from the date of the settlement agreement and if the court finds the settlement to be unreasonable. (3) In determining the reasonableness of a settlement, the court shall consider: (A) The competence of the consumer or other person; (B) The nature of the deception or coercion practiced upon the consumer or other person; (C) The value of the consideration received; and (D) The nature and extent of the legal advice received by the consumer or other person. If the consumer or other person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable. (4) In any private action commenced under this section, the court may, upon the introduction of proof that the person against whom the action is filed has made a written, reasonable offer of settlement which has been communicated to the affected party, limit the amount of recovery to the terms of the offer of settlement. (d) Any permanent injunction, judgment, or final court order made pursuant to § 47-18-108 , or assurance of voluntary compliance entered into pursuant to § 47-18-107 , which has not been complied with, shall be prima facie evidence of the violation of this part in any action brought pursuant to this section. (e) (1) Upon a finding by the court that a provision of this part has been violated, the court may award to the person bringing such action reasonable attorney's fees and costs. (2) In any private action commenced under this section, upon finding that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may require the person instituting the action to indemnify the defendant for any damages incurred, including reasonable attorney's fees and costs. (3) This subsection (e) does not apply to an action initiated by the attorney general. (f) (1) Upon the commencement of any action brought under subsections (a) and (b), the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon the entry of any judgment, order, or decree in the action, shall mail a copy of such judgment, order or decree to the attorney general. (2) A copy of any notice of appeal shall be served by the appellant upon the attorney general, who in the public interest may intervene on appeal. (g) No class action lawsuit may be brought to recover damages for an unfair or deceptive act or practice declared to be unlawful by this part. (h) No private right of action shall be commenced under this section for any alleged unfair or deceptive act or practice involving the marketing or sale of a security as defined in the Tennessee Securities Act, § 48-1-102 . Amended by 2019 Tenn. Acts, ch. 459,s 11, eff. 9/30/2019. Acts 1977, ch. 438, § 10; 1988, ch. 974, § 3; 1989, ch. 498, § 3; 1991, ch. 468, §§ 3, 4; 2011, ch. 510, §§ 14, 16 - 18, 20.
(a) (1) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in § 47-18-104(b) and declared to be unlawful by this part, may bring an action individually to recover actual damages. (2) The action may be brought in a court of competent jurisdiction in the county where the alleged unfair or deceptive act or practice took place, is taking place, or is about to take place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. (3) If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper, except that the court may not award exemplary or punitive damages for the same unfair or deceptive practice. (4) In determining whether treble damages should be awarded, the trial court may consider, among other things: (A) The competence of the consumer or other person; (B) The nature of the deception or coercion practiced upon the consumer or other person; (C) The damage to the consumer or other person; and (D) The good faith of the person found to have violated this part. (5) This subsection (a) does not apply with respect to alleged violations of the Tennessee Equal Consumer Credit Act of 1974, compiled in part 8 of this chapter.
(1) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in § 47-18-104(b) and declared to be unlawful by this part, may bring an action individually to recover actual damages.
(2) The action may be brought in a court of competent jurisdiction in the county where the alleged unfair or deceptive act or practice took place, is taking place, or is about to take place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(3) If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper, except that the court may not award exemplary or punitive damages for the same unfair or deceptive practice.
(4) In determining whether treble damages should be awarded, the trial court may consider, among other things: (A) The competence of the consumer or other person; (B) The nature of the deception or coercion practiced upon the consumer or other person; (C) The damage to the consumer or other person; and (D) The good faith of the person found to have violated this part.
(A) The competence of the consumer or other person;
(B) The nature of the deception or coercion practiced upon the consumer or other person;
(C) The damage to the consumer or other person; and
(D) The good faith of the person found to have violated this part.
(5) This subsection (a) does not apply with respect to alleged violations of the Tennessee Equal Consumer Credit Act of 1974, compiled in part 8 of this chapter.
(b) Without regard to any other remedy or relief to which a person is entitled, anyone affected by a violation of this part may bring an action to obtain a declaratory judgment that the act or practice violates this part and to enjoin the person who has violated, is violating, or who is otherwise likely to violate this part; provided, that such action shall not be filed once the attorney general has commenced a proceeding pursuant to § 47-18-107 or § 47-18-108 .
(c) (1) Any person who has been affected by an act or practice declared to be a violation of this part may accept any written reasonable offer of settlement made by the person or persons considered to have violated this part; provided, that the tender of acceptance of such a settlement offer shall not abate any proceeding commenced by the attorney general pursuant to § 47-18-107 or § 47-18-108 . (2) Such a settlement may be set aside by a court of competent jurisdiction at the request of the affected person or of the attorney general if such a request is made within one (1) year from the date of the settlement agreement and if the court finds the settlement to be unreasonable. (3) In determining the reasonableness of a settlement, the court shall consider: (A) The competence of the consumer or other person; (B) The nature of the deception or coercion practiced upon the consumer or other person; (C) The value of the consideration received; and (D) The nature and extent of the legal advice received by the consumer or other person. If the consumer or other person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable. (4) In any private action commenced under this section, the court may, upon the introduction of proof that the person against whom the action is filed has made a written, reasonable offer of settlement which has been communicated to the affected party, limit the amount of recovery to the terms of the offer of settlement.
(1) Any person who has been affected by an act or practice declared to be a violation of this part may accept any written reasonable offer of settlement made by the person or persons considered to have violated this part; provided, that the tender of acceptance of such a settlement offer shall not abate any proceeding commenced by the attorney general pursuant to § 47-18-107 or § 47-18-108 .
(2) Such a settlement may be set aside by a court of competent jurisdiction at the request of the affected person or of the attorney general if such a request is made within one (1) year from the date of the settlement agreement and if the court finds the settlement to be unreasonable.
(3) In determining the reasonableness of a settlement, the court shall consider: (A) The competence of the consumer or other person; (B) The nature of the deception or coercion practiced upon the consumer or other person; (C) The value of the consideration received; and (D) The nature and extent of the legal advice received by the consumer or other person. If the consumer or other person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable.
(A) The competence of the consumer or other person;
(B) The nature of the deception or coercion practiced upon the consumer or other person;
(C) The value of the consideration received; and
(D) The nature and extent of the legal advice received by the consumer or other person. If the consumer or other person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable.
If the consumer or other person was not represented by legal counsel at the time of the offer of settlement, the person claiming the benefit of the settlement shall have the burden of establishing that it is reasonable.
(4) In any private action commenced under this section, the court may, upon the introduction of proof that the person against whom the action is filed has made a written, reasonable offer of settlement which has been communicated to the affected party, limit the amount of recovery to the terms of the offer of settlement.
(d) Any permanent injunction, judgment, or final court order made pursuant to § 47-18-108 , or assurance of voluntary compliance entered into pursuant to § 47-18-107 , which has not been complied with, shall be prima facie evidence of the violation of this part in any action brought pursuant to this section.
(e) (1) Upon a finding by the court that a provision of this part has been violated, the court may award to the person bringing such action reasonable attorney's fees and costs. (2) In any private action commenced under this section, upon finding that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may require the person instituting the action to indemnify the defendant for any damages incurred, including reasonable attorney's fees and costs. (3) This subsection (e) does not apply to an action initiated by the attorney general.
(1) Upon a finding by the court that a provision of this part has been violated, the court may award to the person bringing such action reasonable attorney's fees and costs.
(2) In any private action commenced under this section, upon finding that the action is frivolous, without legal or factual merit, or brought for the purpose of harassment, the court may require the person instituting the action to indemnify the defendant for any damages incurred, including reasonable attorney's fees and costs.
(3) This subsection (e) does not apply to an action initiated by the attorney general.
(f) (1) Upon the commencement of any action brought under subsections (a) and (b), the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon the entry of any judgment, order, or decree in the action, shall mail a copy of such judgment, order or decree to the attorney general. (2) A copy of any notice of appeal shall be served by the appellant upon the attorney general, who in the public interest may intervene on appeal.
(1) Upon the commencement of any action brought under subsections (a) and (b), the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon the entry of any judgment, order, or decree in the action, shall mail a copy of such judgment, order or decree to the attorney general.
(2) A copy of any notice of appeal shall be served by the appellant upon the attorney general, who in the public interest may intervene on appeal.
(g) No class action lawsuit may be brought to recover damages for an unfair or deceptive act or practice declared to be unlawful by this part.
(h) No private right of action shall be commenced under this section for any alleged unfair or deceptive act or practice involving the marketing or sale of a security as defined in the Tennessee Securities Act, § 48-1-102 .
Amended by 2019 Tenn. Acts, ch. 459,s 11, eff. 9/30/2019.
Acts 1977, ch. 438, § 10; 1988, ch. 974, § 3; 1989, ch. 498, § 3; 1991, ch. 468, §§ 3, 4; 2011, ch. 510, §§ 14, 16 - 18, 20.
Tenn. Code Ann. § 47-25-1003 — TN Code / Title 47 / Chapter 25 / Section 47-25-1003
What constitutes consignment
Status: in_force

Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery. Acts 1984, ch. 838, § 3.
Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery.
Acts 1984, ch. 838, § 3.
Tenn. Code Ann. § 47-8-114 — TN Code / Title 47 / Chapter 8 / Section 47-8-114
Evidentiary rules concerning certificated securities
Status: in_force

The following rules apply in an action on a certificated security against the issuer: (1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is admitted. (2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized. (3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security. (4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted. Acts 1997, ch. 79, § 1.
The following rules apply in an action on a certificated security against the issuer:
(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is admitted.
(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.
(3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.
(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-25-515 — TN Code / Title 47 / Chapter 25 / Section 47-25-515
Forum for actions regarding registration - Service on nonresident registrants
Status: in_force

(a) Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part shall be brought in the circuit court of Davidson County. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action. (b) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Tennessee law. Acts 2000, ch. 671, § 1.
(a) Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part shall be brought in the circuit court of Davidson County. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(b) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Tennessee law.
Acts 2000, ch. 671, § 1.
Tenn. Code Ann. § 47-3-205 — TN Code / Title 47 / Chapter 3 / Section 47-3-205
Special endorsement - Blank endorsement - Anomalous endorsement
Status: in_force

(a) If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the endorsement identifies a person to whom it makes the instrument payable, it is a "special endorsement." When specially endorsed, an instrument becomes payable to the identified person and may be negotiated only by the endorsement of that person. The principles stated in § 47-3-110 apply to special endorsements. (b) If an endorsement is made by the holder of an instrument and it is not a special endorsement, it is a "blank endorsement." When endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed. (c) The holder may convert a blank endorsement that consists only of a signature into a special endorsement by writing, above the signature of the endorser, words identifying the person to whom the instrument is made payable. (d) "Anomalous endorsement" means an endorsement made by a person who is not the holder of the instrument. An anomalous endorsement does not affect the manner in which the instrument may be negotiated. Acts 1995, ch. 397, § 2.
(a) If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the endorsement identifies a person to whom it makes the instrument payable, it is a "special endorsement." When specially endorsed, an instrument becomes payable to the identified person and may be negotiated only by the endorsement of that person. The principles stated in § 47-3-110 apply to special endorsements.
(b) If an endorsement is made by the holder of an instrument and it is not a special endorsement, it is a "blank endorsement." When endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.
(c) The holder may convert a blank endorsement that consists only of a signature into a special endorsement by writing, above the signature of the endorser, words identifying the person to whom the instrument is made payable.
(d) "Anomalous endorsement" means an endorsement made by a person who is not the holder of the instrument. An anomalous endorsement does not affect the manner in which the instrument may be negotiated.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-25-1307 — TN Code / Title 47 / Chapter 25 / Section 47-25-1307
Exceptions to repurchase requirement
Status: in_force

This part shall not require the repurchase from a retailer of: (1) Any repair part which, because of its condition, is not resalable as a new part; (2) Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so; (3) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments which are not current models or which are not in new, unused, undamaged, complete condition; provided, that the equipment used in demonstrations or leased as provided in § 47-25-1305 shall be considered new and unused; (4) Any repair parts which are not in new, unused, undamaged condition; (5) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract; or (6) Any inventory which was ordered by the retailer on or after the date of termination of the contract. Acts 1999, ch. 193, § 8.
This part shall not require the repurchase from a retailer of:
(1) Any repair part which, because of its condition, is not resalable as a new part;
(2) Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so;
(3) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments which are not current models or which are not in new, unused, undamaged, complete condition; provided, that the equipment used in demonstrations or leased as provided in § 47-25-1305 shall be considered new and unused;
(4) Any repair parts which are not in new, unused, undamaged condition;
(5) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract; or
(6) Any inventory which was ordered by the retailer on or after the date of termination of the contract.
Acts 1999, ch. 193, § 8.
Tenn. Code Ann. § 47-8-507 — TN Code / Title 47 / Chapter 8 / Section 47-8-507
Duty of securities intermediary to comply with entitlement order
Status: in_force

(a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if: (1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. (b) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. Acts 1997, ch. 79, § 1.
(a) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if: (1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or (2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order.
(1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or
(2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order.
(b) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-26-920 — TN Code / Title 47 / Chapter 26 / Section 47-26-920
Meat, poultry, seafood
Status: in_force

All meat, meat products, poultry, fish and seafood offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight unless otherwise designated by regulation. Acts 1997, ch. 311, § 1.
All meat, meat products, poultry, fish and seafood offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight unless otherwise designated by regulation.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-18-1404 — TN Code / Title 47 / Chapter 18 / Section 47-18-1404
Applicability
Status: in_force

This part shall not apply to a written warranty or a service contract for a new or used motor vehicle. Acts 1989, ch. 450, § 3.
This part shall not apply to a written warranty or a service contract for a new or used motor vehicle.
Acts 1989, ch. 450, § 3.
Tenn. Code Ann. § 47-25-102 — TN Code / Title 47 / Chapter 25 / Section 47-25-102
Monopolization
Status: in_force

It is unlawful for any corporation or person to monopolize, attempt to monopolize, conspire to monopolize, or maintain a monopoly over any part of trade or commerce affecting this state. Amended by 2024 Tenn. Acts, ch. 776,s 2, eff. 4/23/2024. Acts 1927, ch. 60, § 1; Code 1932, § 5881; T.C.A. (orig. ed.), § 69-102.
It is unlawful for any corporation or person to monopolize, attempt to monopolize, conspire to monopolize, or maintain a monopoly over any part of trade or commerce affecting this state.
Amended by 2024 Tenn. Acts, ch. 776,s 2, eff. 4/23/2024.
Acts 1927, ch. 60, § 1; Code 1932, § 5881; T.C.A. (orig. ed.), § 69-102.
Tenn. Code Ann. § 47-2a-111 — TN Code / Title 47 / Chapter 2a / Section 47-2a-111
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 1 - GENERAL PROVISIONS (§§ 47-2A-101 — 47-2A-111) Section 47-2A-111 - Applicability of chapter
Status: in_force

(a) This chapter shall apply to all leases entered into on or after July 1, 1994. For purposes of this section: (1) Leases that are materially modified or amended in writing on or after July 1, 1994, shall be deemed to have been entered into as of the date of such amendment unless the amendment expressly states otherwise; (2) Each separate schedule or supplement evidencing the leasing of additional items under a master lease agreement shall be deemed to be a separate lease; and (3) A modification or amendment to a master lease agreement shall apply to all schedules or supplements thereto unless expressly or manifestly applicable to fewer than all. (b) This chapter may be used for guidance in construing leases entered into before July 1, 1994, to the extent that it is not inconsistent with the law of this state existing prior to July 1, 1994. Acts 1994, ch. 724, § 3.
(a) This chapter shall apply to all leases entered into on or after July 1, 1994. For purposes of this section: (1) Leases that are materially modified or amended in writing on or after July 1, 1994, shall be deemed to have been entered into as of the date of such amendment unless the amendment expressly states otherwise; (2) Each separate schedule or supplement evidencing the leasing of additional items under a master lease agreement shall be deemed to be a separate lease; and (3) A modification or amendment to a master lease agreement shall apply to all schedules or supplements thereto unless expressly or manifestly applicable to fewer than all.
(1) Leases that are materially modified or amended in writing on or after July 1, 1994, shall be deemed to have been entered into as of the date of such amendment unless the amendment expressly states otherwise;
(2) Each separate schedule or supplement evidencing the leasing of additional items under a master lease agreement shall be deemed to be a separate lease; and
(3) A modification or amendment to a master lease agreement shall apply to all schedules or supplements thereto unless expressly or manifestly applicable to fewer than all.
(b) This chapter may be used for guidance in construing leases entered into before July 1, 1994, to the extent that it is not inconsistent with the law of this state existing prior to July 1, 1994.
Acts 1994, ch. 724, § 3.
Tenn. Code Ann. § 47-18-5535 — TN Code / Title 47 / Chapter 18 / Section 47-18-5535
Private enforcement
Status: in_force

(a) If an individual voids an agreement pursuant to § 47-18-5525(b) , the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subdivisions (c)(3) and (4). (b) If an individual voids an agreement pursuant to § 47-18-5525(a) , the individual may recover in a civil action three (3) times the total amount of the fees, charges, money and payments made by the individual to the provider, in addition to the recovery under subdivision (c)(4). (c) Subject to subsection (d), an individual with respect to whom a provider violates this part may recover in a civil action from the provider and any person that caused the violation: (1) Compensatory damages for injury, including noneconomic injury, caused by the violation; (2) Except as otherwise provided in subsection (d) and subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , with respect to a violation of § 47-18-5517 , § 47-18-5519 , § 47-18-5520 , § 47-18-5521 , § 47-18-5522 , § 47-18-5523 , § 47-18-5524 , § 47-18-5527 or § 47-18-5528(a), (b), or (d) , the greater of the amount recoverable under subdivision (c)(1) or five thousand dollars ($5,000); (3) Punitive damages; and (4) Reasonable attorney's fees and costs. (d) In a class action, except for a violation of § 47-18-5528(a)(5) , the minimum damages provided in subdivision (c)(2) do not apply. (e) In addition to the remedy available under subsection (c), if a provider violates an individual's rights under § 47-18-5520 , the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors. (f) A provider is not liable under this section for a violation of this part if the provider proves that the violation was not intentional and resulted from a good faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider's obligations under this part is not a good faith error. If, in connection with a violation, the provider has received more money than authorized by an agreement or this part, the defense provided by this subsection (f) is not available unless the provider refunds the excess within two (2) business days of learning of the violation. (g) The administrator shall assist an individual in enforcing a judgment against the surety bond or other security provided under § 47-18-5513 or § 47-18-5514 . Acts 2009, ch. 469, § 1.
(a) If an individual voids an agreement pursuant to § 47-18-5525(b) , the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under subdivisions (c)(3) and (4).
(b) If an individual voids an agreement pursuant to § 47-18-5525(a) , the individual may recover in a civil action three (3) times the total amount of the fees, charges, money and payments made by the individual to the provider, in addition to the recovery under subdivision (c)(4).
(c) Subject to subsection (d), an individual with respect to whom a provider violates this part may recover in a civil action from the provider and any person that caused the violation: (1) Compensatory damages for injury, including noneconomic injury, caused by the violation; (2) Except as otherwise provided in subsection (d) and subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , with respect to a violation of § 47-18-5517 , § 47-18-5519 , § 47-18-5520 , § 47-18-5521 , § 47-18-5522 , § 47-18-5523 , § 47-18-5524 , § 47-18-5527 or § 47-18-5528(a), (b), or (d) , the greater of the amount recoverable under subdivision (c)(1) or five thousand dollars ($5,000); (3) Punitive damages; and (4) Reasonable attorney's fees and costs.
(1) Compensatory damages for injury, including noneconomic injury, caused by the violation;
(2) Except as otherwise provided in subsection (d) and subject to adjustment of the dollar amount pursuant to § 47-18-5532(f) , with respect to a violation of § 47-18-5517 , § 47-18-5519 , § 47-18-5520 , § 47-18-5521 , § 47-18-5522 , § 47-18-5523 , § 47-18-5524 , § 47-18-5527 or § 47-18-5528(a), (b), or (d) , the greater of the amount recoverable under subdivision (c)(1) or five thousand dollars ($5,000);
(3) Punitive damages; and
(4) Reasonable attorney's fees and costs.
(d) In a class action, except for a violation of § 47-18-5528(a)(5) , the minimum damages provided in subdivision (c)(2) do not apply.
(e) In addition to the remedy available under subsection (c), if a provider violates an individual's rights under § 47-18-5520 , the individual may recover in a civil action all money paid or deposited by or on behalf of the individual pursuant to the agreement, except for amounts paid to creditors.
(f) A provider is not liable under this section for a violation of this part if the provider proves that the violation was not intentional and resulted from a good faith error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. An error of legal judgment with respect to a provider's obligations under this part is not a good faith error. If, in connection with a violation, the provider has received more money than authorized by an agreement or this part, the defense provided by this subsection (f) is not available unless the provider refunds the excess within two (2) business days of learning of the violation.
(g) The administrator shall assist an individual in enforcing a judgment against the surety bond or other security provided under § 47-18-5513 or § 47-18-5514 .
Acts 2009, ch. 469, § 1.
Tenn. Code Ann. § 47-25-1908 — TN Code / Title 47 / Chapter 25 / Section 47-25-1908
Exceptions to repurchase requirement
Status: in_force

This part does not require repurchase from a dealer of: (1) Any repair part that, because of its condition, is not resalable as a new part; (2) Any inventory for which the dealer is unable to furnish evidence of title and ownership in the dealer that is free and clear of all claims, liens and encumbrances to the satisfaction of the supplier; (3) Any inventory that a dealer desires to keep; provided, that the dealer has a contractual right to do so, pursuant to the retail agreement; (4) Any motorcycle, off-road vehicle and attachments that are not in new, unused, undamaged, complete condition; provided, that the inventory used in demonstrations or leased as provided in § 47-25-1906(b) shall be considered new and unused; (5) A repair part that is not in new, unused, or undamaged condition; (6) A motorcycle, off-road vehicle, or attachment that was purchased more than forty-eight (48) months prior to notice of the termination of the retail agreement; (7) Any inventory that was ordered by the dealer on or after the date of notification of termination of the retail agreement; and (8) Any inventory that was acquired by the dealer from a source other than the supplier that is a party to the retail agreement that is being terminated. Acts 2007, ch. 188, § 9.
This part does not require repurchase from a dealer of:
(1) Any repair part that, because of its condition, is not resalable as a new part;
(2) Any inventory for which the dealer is unable to furnish evidence of title and ownership in the dealer that is free and clear of all claims, liens and encumbrances to the satisfaction of the supplier;
(3) Any inventory that a dealer desires to keep; provided, that the dealer has a contractual right to do so, pursuant to the retail agreement;
(4) Any motorcycle, off-road vehicle and attachments that are not in new, unused, undamaged, complete condition; provided, that the inventory used in demonstrations or leased as provided in § 47-25-1906(b) shall be considered new and unused;
(5) A repair part that is not in new, unused, or undamaged condition;
(6) A motorcycle, off-road vehicle, or attachment that was purchased more than forty-eight (48) months prior to notice of the termination of the retail agreement;
(7) Any inventory that was ordered by the dealer on or after the date of notification of termination of the retail agreement; and
(8) Any inventory that was acquired by the dealer from a source other than the supplier that is a party to the retail agreement that is being terminated.
Acts 2007, ch. 188, § 9.
Tenn. Code Ann. § 47-13-117 — TN Code / Title 47 / Chapter 13 / Section 47-13-117
General assignments - Prior judgment by confession or default
Status: in_force

Any confession of judgment by a debtor, or permitting judgment to be taken by default, or by collusion, within three (3) months preceding a general assignment, and in contemplation of such assignment, shall be void, in the event a general assignment is made within three (3) months after the judgment. Acts 1881, ch. 121, § 3; Shan., § 3527a3; Code 1932, § 7789; T.C.A. (orig. ed.), § 47-1517.
Any confession of judgment by a debtor, or permitting judgment to be taken by default, or by collusion, within three (3) months preceding a general assignment, and in contemplation of such assignment, shall be void, in the event a general assignment is made within three (3) months after the judgment.
Acts 1881, ch. 121, § 3; Shan., § 3527a3; Code 1932, § 7789; T.C.A. (orig. ed.), § 47-1517.
Tenn. Code Ann. § 47-30-115 — TN Code / Title 47 / Chapter 30 / Section 47-30-115
Prohibited acts
Status: in_force

Reverse mortgage lenders are prohibited from engaging in any of the following acts in connection with the making, servicing, or collecting of a reverse mortgage loan: (1) Misrepresenting material facts, making false promises, or engaging in a course of misrepresentation through agents or otherwise; (2) Failing to disburse funds in accordance with the terms of the reverse mortgage loan contract or other written commitment; (3) Improperly refusing to issue a release of a mortgage; (4) Engaging in any action or practice that is unfair or deceptive, or that operates a fraud on any person; (5) Contracting for or receiving shared appreciation, except that this subdivision (5) shall not apply to any Fannie Mae Reverse Mortgage Loan; (6) Closing a reverse mortgage loan without receiving certification from a counselor that the borrower has received counseling on the advisability of a reverse mortgage loan and the appropriate reverse mortgage loan for the borrower; or (7) Failing to comply with this chapter. Acts 1993, ch. 410, §16; 1997 , ch. 286, § 11.
Reverse mortgage lenders are prohibited from engaging in any of the following acts in connection with the making, servicing, or collecting of a reverse mortgage loan:
(1) Misrepresenting material facts, making false promises, or engaging in a course of misrepresentation through agents or otherwise;
(2) Failing to disburse funds in accordance with the terms of the reverse mortgage loan contract or other written commitment;
(3) Improperly refusing to issue a release of a mortgage;
(4) Engaging in any action or practice that is unfair or deceptive, or that operates a fraud on any person;
(5) Contracting for or receiving shared appreciation, except that this subdivision (5) shall not apply to any Fannie Mae Reverse Mortgage Loan;
(6) Closing a reverse mortgage loan without receiving certification from a counselor that the borrower has received counseling on the advisability of a reverse mortgage loan and the appropriate reverse mortgage loan for the borrower; or
(7) Failing to comply with this chapter.
Acts 1993, ch. 410, §16; 1997 , ch. 286, § 11.
Tenn. Code Ann. § 47-18-501 — TN Code / Title 47 / Chapter 18 / Section 47-18-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee; (2) "Business day" means any day other than a Saturday, Sunday, or legal holiday; (3) "Buyer" or "member" means any status by which any natural person is entitled to any of the benefits of a discount buying organization; (4) "Buying service," "buying club," or "club" means any person, corporation, partnership, unincorporated association, or other business enterprise operating for profit within the state of Tennessee, the primary purpose of which is to provide benefits to members from the cooperative purchase of services or merchandise; (5) "Contract" means any oral or written agreement by which one becomes a member of a club; and (6) [Deleted by 2019 amendment.] (7) "Prepayment" means any payment greater than fifty dollars ($50.00) for service, merchandise, or membership made before the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract. Amended by 2019 Tenn. Acts, ch. 459,s 22, eff. 9/30/2019. Acts 1986, ch. 863, § 1.
As used in this part, unless the context otherwise requires:
(1) "Attorney general" means the attorney general and reporter, or the attorney general and reporter's designee;
(2) "Business day" means any day other than a Saturday, Sunday, or legal holiday;
(3) "Buyer" or "member" means any status by which any natural person is entitled to any of the benefits of a discount buying organization;
(4) "Buying service," "buying club," or "club" means any person, corporation, partnership, unincorporated association, or other business enterprise operating for profit within the state of Tennessee, the primary purpose of which is to provide benefits to members from the cooperative purchase of services or merchandise;
(5) "Contract" means any oral or written agreement by which one becomes a member of a club; and
(6) [Deleted by 2019 amendment.]
(7) "Prepayment" means any payment greater than fifty dollars ($50.00) for service, merchandise, or membership made before the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
Amended by 2019 Tenn. Acts, ch. 459,s 22, eff. 9/30/2019.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-2-403 — TN Code / Title 47 / Chapter 2 / Section 47-2-403
Power to transfer - Good faith purchase of goods - "Entrusting."
Status: in_force

(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though: (a) the transferor was deceived as to the identity of the purchaser, or (b) the delivery was in exchange for a check which is later dishonored, or (c) it was agreed that the transaction was to be a "cash sale," or (d) the delivery was procured through fraud punishable as larcenous under the criminal law. (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business. (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law. (4) The rights of other purchasers of goods and of lien creditors are governed by the chapters on Secured Transactions (chapter 9 of this title) and Documents of Title (chapter 7 of this title). Acts 1963, ch. 81, § 1 (2-403); 1998, ch. 641, § 3.
(1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though: (a) the transferor was deceived as to the identity of the purchaser, or (b) the delivery was in exchange for a check which is later dishonored, or (c) it was agreed that the transaction was to be a "cash sale," or (d) the delivery was procured through fraud punishable as larcenous under the criminal law.
(a) the transferor was deceived as to the identity of the purchaser, or
(b) the delivery was in exchange for a check which is later dishonored, or
(c) it was agreed that the transaction was to be a "cash sale," or
(d) the delivery was procured through fraud punishable as larcenous under the criminal law.
(2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.
(3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.
(4) The rights of other purchasers of goods and of lien creditors are governed by the chapters on Secured Transactions (chapter 9 of this title) and Documents of Title (chapter 7 of this title).
Acts 1963, ch. 81, § 1 (2-403); 1998, ch. 641, § 3.
Tenn. Code Ann. § 47-26-814 — TN Code / Title 47 / Chapter 26 / Section 47-26-814
Disposition of penalties
Status: in_force

All penalties collected under this part shall be remitted to the department of revenue, as are tax receipts, and treated as such by that department. Acts 1981, ch. 389, § 15; T.C.A., § 71-814.
All penalties collected under this part shall be remitted to the department of revenue, as are tax receipts, and treated as such by that department.
Acts 1981, ch. 389, § 15; T.C.A., § 71-814.
Tenn. Code Ann. § 47-18-407 — TN Code / Title 47 / Chapter 18 / Section 47-18-407
Applicability of Tennessee Consumer Protection Act of 1977 - Action by attorney general
Status: in_force

(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977. (b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, a violation of this part constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies set forth in this part. However, no criminal penalty is incurred for violation of this part. (c) If the attorney general has reason to believe that any person has violated this part, then the attorney general may institute a proceeding under this chapter. Amended by 2021 Tenn. Acts, ch. 87, s 2, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 459, s 21, eff. 9/30/2019. Acts 2014 , ch. 595, § 1.
(a) A violation of this part constitutes a violation of the Tennessee Consumer Protection Act of 1977.
(b) For the purpose of application of the Tennessee Consumer Protection Act of 1977, a violation of this part constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to the penalties and remedies set forth in this part. However, no criminal penalty is incurred for violation of this part.
(c) If the attorney general has reason to believe that any person has violated this part, then the attorney general may institute a proceeding under this chapter.
Amended by 2021 Tenn. Acts, ch. 87, s 2, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 459, s 21, eff. 9/30/2019.
Acts 2014 , ch. 595, § 1.
Tenn. Code Ann. § 47-26-915 — TN Code / Title 47 / Chapter 26 / Section 47-26-915
Sale from bulk
Status: in_force

(a) All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the commissioner, shall be accompanied by a delivery ticket containing the following information: (1) The name and address of the buyer and seller; (2) The date delivered; (3) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example, when temperature compensated sales are made; (4) The unit price, unless otherwise agreed upon by both buyer and seller; (5) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and (6) The count of individually wrapped packages, if more than one (1), in the instance of commodities bought from bulk but delivered in packages. (b) One (1) of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of the delivery of the commodity, or shall be surrendered, on demand, to the commissioner or the commissioner's authorized representative or a city sealer or a county sealer, who, if such person desires to retain it as evidence, shall issue a similar document in lieu of thereof to the purchaser; provided, that if the purchaser personally carries away the purchase, the vendor shall be required only to give the purchaser at the time of sale a delivery ticket stating the weight, measure, or count of commodity delivered to the purchaser. Acts 1997, ch. 311, § 1.
(a) All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the commissioner, shall be accompanied by a delivery ticket containing the following information: (1) The name and address of the buyer and seller; (2) The date delivered; (3) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example, when temperature compensated sales are made; (4) The unit price, unless otherwise agreed upon by both buyer and seller; (5) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and (6) The count of individually wrapped packages, if more than one (1), in the instance of commodities bought from bulk but delivered in packages.
(1) The name and address of the buyer and seller;
(2) The date delivered;
(3) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example, when temperature compensated sales are made;
(4) The unit price, unless otherwise agreed upon by both buyer and seller;
(5) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and
(6) The count of individually wrapped packages, if more than one (1), in the instance of commodities bought from bulk but delivered in packages.
(b) One (1) of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of the delivery of the commodity, or shall be surrendered, on demand, to the commissioner or the commissioner's authorized representative or a city sealer or a county sealer, who, if such person desires to retain it as evidence, shall issue a similar document in lieu of thereof to the purchaser; provided, that if the purchaser personally carries away the purchase, the vendor shall be required only to give the purchaser at the time of sale a delivery ticket stating the weight, measure, or count of commodity delivered to the purchaser.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-2a-306 — TN Code / Title 47 / Chapter 2a / Section 47-2a-306
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 3 - EFFECT OF LEASE CONTRACT (§§ 47-2A-301 — 47-2A-311) Section 47-2A-306 - Priority of certain liens arising by operation of law
Status: in_force

If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this chapter unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise. Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this chapter unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
Acts 1993, ch. 398, § 1; 1994, ch. 724, § 4.
Tenn. Code Ann. § 47-2-724 — TN Code / Title 47 / Chapter 2 / Section 47-2-724
Admissibility of market quotations
Status: in_force

Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility. Acts 1963, ch. 81, § 1 (2-724).
Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
Acts 1963, ch. 81, § 1 (2-724).
Tenn. Code Ann. § 47-9-342 — TN Code / Title 47 / Chapter 9 / Section 47-9-342
Bank's right to refuse to enter into or disclose existence of control agreement
Status: in_force

This chapter does not require a bank to enter into an agreement of the kind described in § 47-9-104(a)(2) , even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer. Acts 2000, ch. 846, § 1.
This chapter does not require a bank to enter into an agreement of the kind described in § 47-9-104(a)(2) , even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-14-106 — TN Code / Title 47 / Chapter 14 / Section 47-14-106
Contracts for applicable formula rates of interest
Status: in_force

Contracts to which the applicable formula rate provided in § 47-14-103(2) applies may provide for the payment of a fixed rate of interest, a variable rate of interest or any combination of fixed and variable rates in any sequence, subject to this section. (1) A contract may provide for a fixed rate of interest: (A) Permissible at the time the contract to make the loan is executed; (B) Permissible at the time the loan is made; (C) Permissible at the time the interest rate on the loan is converted from a variable to a fixed rate, or from one fixed rate to another fixed rate, whether such conversion is by terms of the contract or by renewal, modification, extension or otherwise; or (D) Permissible at the time of any renewal or extension of the loan or any note evidencing the loan; or (E) Permissible by virtue of any combination of any of the foregoing. (2) A contract may provide for a rate of interest that may vary from time to time at such regular or irregular intervals as may be agreed by the parties; provided, that such variable rate shall not exceed the greater of: (A) That authorized by statute at the agreed time of each variance; or (B) That authorized at the time of execution of the contract or note evidencing the indebtedness upon which such variable rate is or is to be charged; (3) The parties may agree to a minimum fixed rate of interest to be applicable to a rate which is or may become otherwise variable; provided, that such agreed minimum fixed rate of interest does not exceed the rate permitted at the time the contract to make the loan is executed, or at the time the note is executed, or at the time of any renewal or extension thereof, whichever is greater. Acts 1979, ch. 203, § 5; 1992, ch. 629, § 1.
Contracts to which the applicable formula rate provided in § 47-14-103(2) applies may provide for the payment of a fixed rate of interest, a variable rate of interest or any combination of fixed and variable rates in any sequence, subject to this section.
(1) A contract may provide for a fixed rate of interest: (A) Permissible at the time the contract to make the loan is executed; (B) Permissible at the time the loan is made; (C) Permissible at the time the interest rate on the loan is converted from a variable to a fixed rate, or from one fixed rate to another fixed rate, whether such conversion is by terms of the contract or by renewal, modification, extension or otherwise; or (D) Permissible at the time of any renewal or extension of the loan or any note evidencing the loan; or (E) Permissible by virtue of any combination of any of the foregoing.
(A) Permissible at the time the contract to make the loan is executed;
(B) Permissible at the time the loan is made;
(C) Permissible at the time the interest rate on the loan is converted from a variable to a fixed rate, or from one fixed rate to another fixed rate, whether such conversion is by terms of the contract or by renewal, modification, extension or otherwise; or
(D) Permissible at the time of any renewal or extension of the loan or any note evidencing the loan; or
(E) Permissible by virtue of any combination of any of the foregoing.
(2) A contract may provide for a rate of interest that may vary from time to time at such regular or irregular intervals as may be agreed by the parties; provided, that such variable rate shall not exceed the greater of: (A) That authorized by statute at the agreed time of each variance; or (B) That authorized at the time of execution of the contract or note evidencing the indebtedness upon which such variable rate is or is to be charged;
(A) That authorized by statute at the agreed time of each variance; or
(B) That authorized at the time of execution of the contract or note evidencing the indebtedness upon which such variable rate is or is to be charged;
(3) The parties may agree to a minimum fixed rate of interest to be applicable to a rate which is or may become otherwise variable; provided, that such agreed minimum fixed rate of interest does not exceed the rate permitted at the time the contract to make the loan is executed, or at the time the note is executed, or at the time of any renewal or extension thereof, whichever is greater.
Acts 1979, ch. 203, § 5; 1992, ch. 629, § 1.
Tenn. Code Ann. § 47-14-107 — TN Code / Title 47 / Chapter 14 / Section 47-14-107
Computation of interest - Installment loans
Status: in_force

(a) This chapter does not limit or restrict the manner or method of contracting for interest, whether by way of add-on, discount, or otherwise, so long as the maximum effective rate of interest does not exceed that authorized by statute. (b) For installment loans, the maximum effective rate of interest shall: (1) Be determined in accordance with the actuarial method; (2) Be calculated, in the case of a precomputed loan, on the assumption that all scheduled payments will be made as contracted; and (3) Not be affected by the prepayment of the loan, in whole or in part. Acts 1979, ch. 203, § 6.
(a) This chapter does not limit or restrict the manner or method of contracting for interest, whether by way of add-on, discount, or otherwise, so long as the maximum effective rate of interest does not exceed that authorized by statute.
(b) For installment loans, the maximum effective rate of interest shall: (1) Be determined in accordance with the actuarial method; (2) Be calculated, in the case of a precomputed loan, on the assumption that all scheduled payments will be made as contracted; and (3) Not be affected by the prepayment of the loan, in whole or in part.
(1) Be determined in accordance with the actuarial method;
(2) Be calculated, in the case of a precomputed loan, on the assumption that all scheduled payments will be made as contracted; and
(3) Not be affected by the prepayment of the loan, in whole or in part.
Acts 1979, ch. 203, § 6.
Tenn. Code Ann. § 47-16-109 — TN Code / Title 47 / Chapter 16 / Section 47-16-109
Contingent right to proceeds from legal claim assignable - Priority of liens or rights in proceeds
Status: in_force

(a) The contingent right to receive an amount of the potential proceeds of a legal claim may be assigned by a consumer and that assignment is valid for the purposes of obtaining litigation financing from a litigation financier. (b) The lien of a litigation financier on a consumer's legal claim has priority over liens that attach and take effect subsequent to the attachment of the litigation financier's lien to the consumer's legal claim, except for the following: (1) Attorney liens, insurance carrier liens, medical provider liens, or liens based upon subrogation interests or rights of reimbursement related to the consumer's legal claim; and (2) Child support, Medicare, tax, or any other statutory or governmental lien. Amended by 2017 Tenn. Acts, ch. 212,s 2, eff. 7/1/2017. Acts 2014, ch. 819, § 1.
(a) The contingent right to receive an amount of the potential proceeds of a legal claim may be assigned by a consumer and that assignment is valid for the purposes of obtaining litigation financing from a litigation financier.
(b) The lien of a litigation financier on a consumer's legal claim has priority over liens that attach and take effect subsequent to the attachment of the litigation financier's lien to the consumer's legal claim, except for the following: (1) Attorney liens, insurance carrier liens, medical provider liens, or liens based upon subrogation interests or rights of reimbursement related to the consumer's legal claim; and (2) Child support, Medicare, tax, or any other statutory or governmental lien.
(1) Attorney liens, insurance carrier liens, medical provider liens, or liens based upon subrogation interests or rights of reimbursement related to the consumer's legal claim; and
(2) Child support, Medicare, tax, or any other statutory or governmental lien.
Amended by 2017 Tenn. Acts, ch. 212,s 2, eff. 7/1/2017.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-18-901 — TN Code / Title 47 / Chapter 18 / Section 47-18-901
Rights of recipient
Status: in_force

Unless otherwise agreed, where unsolicited goods, wares, or merchandise of a value of less than fifty dollars ($50.00) is delivered by United States mail or United Parcel Service to a person who has not actually ordered or requested it, either orally or in writing, the person has a right to refuse to accept delivery of it, is under no duty to return it to the sender, is under no duty to preserve and safe-keep it, and may at the person's option deem it to be, for all purposes, an outright and unconditional gift and may use or dispose of it in any lawful manner without any obligation on the person's part to the sender. Acts 1969, ch. 162, § 1; T.C.A., §§ 47-15-114, 47-21-101.
Unless otherwise agreed, where unsolicited goods, wares, or merchandise of a value of less than fifty dollars ($50.00) is delivered by United States mail or United Parcel Service to a person who has not actually ordered or requested it, either orally or in writing, the person has a right to refuse to accept delivery of it, is under no duty to return it to the sender, is under no duty to preserve and safe-keep it, and may at the person's option deem it to be, for all purposes, an outright and unconditional gift and may use or dispose of it in any lawful manner without any obligation on the person's part to the sender.
Acts 1969, ch. 162, § 1; T.C.A., §§ 47-15-114, 47-21-101.
Tenn. Code Ann. § 47-26-101 — TN Code / Title 47 / Chapter 26 / Section 47-26-101
Promulgation of rules and regulations to establish legal and uniform standard of weights and measures
Status: in_force

The commissioner of agriculture shall promulgate rules to establish a legal and uniform standard of weights and measures for the sale and purchase of products of the farm, orchard, or garden and articles of merchandise. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2020 Tenn. Acts, ch. 728, s 1, eff. 6/22/2020. Acts 1887, ch. 240, § 1; 1905, ch. 482, § 1; Shan., § 3475; Code 1932, § 6649; Acts 1943, ch. 29, §§ 1, 2; C. Supp. 1950, § 6649; T.C.A. (orig. ed.), § 71-104.
The commissioner of agriculture shall promulgate rules to establish a legal and uniform standard of weights and measures for the sale and purchase of products of the farm, orchard, or garden and articles of merchandise. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2020 Tenn. Acts, ch. 728, s 1, eff. 6/22/2020.
Acts 1887, ch. 240, § 1; 1905, ch. 482, § 1; Shan., § 3475; Code 1932, § 6649; Acts 1943, ch. 29, §§ 1, 2; C. Supp. 1950, § 6649; T.C.A. (orig. ed.), § 71-104.
Tenn. Code Ann. § 47-8-305 — TN Code / Title 47 / Chapter 8 / Section 47-8-305
Instruction
Status: in_force

(a) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly. (b) Unless otherwise agreed, a person initiating an instruction assumes only the obligations imposed by § 47-8-108 and not an obligation that the security will be honored by the issuer. Acts 1997, ch. 79, § 1.
(a) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly.
(b) Unless otherwise agreed, a person initiating an instruction assumes only the obligations imposed by § 47-8-108 and not an obligation that the security will be honored by the issuer.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-506 — TN Code / Title 47 / Chapter 18 / Section 47-18-506
Exemptions
Status: in_force

This part shall not apply to: (1) Any buyers club in which the total consideration paid by each buyer in any manner whatsoever under the contract for discount buying services does not exceed fifty dollars ($50.00) over the expected life of the contract; (2) Any buyers club in which persons receive discount buyer services incidentally as part of a package of services provided to or available to such individuals on account of their membership in such organization, which is not organized for the profit of any person or corporation or which does not have as one (1) of its primary purposes or businesses the provision of discount buying services; and (3) Any buyers club which files with the attorney general a declaration, executed under penalty of perjury by the owner or manager of such club, stating that the club does not require or, in the ordinary course of business, receive prepayment. Amended by 2019 Tenn. Acts, ch. 459,s 23, eff. 9/30/2019. Acts 1986, ch. 863, § 1.
This part shall not apply to:
(1) Any buyers club in which the total consideration paid by each buyer in any manner whatsoever under the contract for discount buying services does not exceed fifty dollars ($50.00) over the expected life of the contract;
(2) Any buyers club in which persons receive discount buyer services incidentally as part of a package of services provided to or available to such individuals on account of their membership in such organization, which is not organized for the profit of any person or corporation or which does not have as one (1) of its primary purposes or businesses the provision of discount buying services; and
(3) Any buyers club which files with the attorney general a declaration, executed under penalty of perjury by the owner or manager of such club, stating that the club does not require or, in the ordinary course of business, receive prepayment.
Amended by 2019 Tenn. Acts, ch. 459,s 23, eff. 9/30/2019.
Acts 1986, ch. 863, § 1.
Tenn. Code Ann. § 47-28-109 — TN Code / Title 47 / Chapter 28 / Section 47-28-109
Increases or advances exceeding contract limits or not covered by contract
Status: in_force

Notwithstanding the limitations specified in any mortgage, or imposed by a borrower by means of serving and recording a notice of limitation: (1) Any increase in the principal balance of an indebtedness secured by any mortgage as a result of negative amortization or deferred interest; (2) Any advance which the creditor is obligated under the terms of the mortgage or related agreement or undertaking to make to a third party, or any disbursement made by a creditor pursuant to the terms of the mortgage to protect the efficacy of the creditor's security, including, without limitation, payment of taxes, insurance premiums, or expenses incurred in making repairs to the property or in the collection of the debt or the enforcement of the mortgage; (3) Any advance made under a construction or home improvement loan agreement contained or referred to in the mortgage; and (4) Interest on such advances or disbursements, shall be secured by the mortgage, even though the mortgage does not specifically provide for future advances, or the advances or disbursements cause the amount of the total indebtedness to exceed the principal amounts stated in the mortgage, or to exceed the credit limit under an open-end mortgage. The priority of the lien of the mortgage, including any advance, increase, or disbursement described in this section, shall be the same as if such advance, increase or disbursement was made on the date of the recordation of the mortgage. Acts 1987, ch. 137, § 9.
Notwithstanding the limitations specified in any mortgage, or imposed by a borrower by means of serving and recording a notice of limitation:
(1) Any increase in the principal balance of an indebtedness secured by any mortgage as a result of negative amortization or deferred interest;
(2) Any advance which the creditor is obligated under the terms of the mortgage or related agreement or undertaking to make to a third party, or any disbursement made by a creditor pursuant to the terms of the mortgage to protect the efficacy of the creditor's security, including, without limitation, payment of taxes, insurance premiums, or expenses incurred in making repairs to the property or in the collection of the debt or the enforcement of the mortgage;
(3) Any advance made under a construction or home improvement loan agreement contained or referred to in the mortgage; and
(4) Interest on such advances or disbursements, shall be secured by the mortgage, even though the mortgage does not specifically provide for future advances, or the advances or disbursements cause the amount of the total indebtedness to exceed the principal amounts stated in the mortgage, or to exceed the credit limit under an open-end mortgage. The priority of the lien of the mortgage, including any advance, increase, or disbursement described in this section, shall be the same as if such advance, increase or disbursement was made on the date of the recordation of the mortgage.
shall be secured by the mortgage, even though the mortgage does not specifically provide for future advances, or the advances or disbursements cause the amount of the total indebtedness to exceed the principal amounts stated in the mortgage, or to exceed the credit limit under an open-end mortgage. The priority of the lien of the mortgage, including any advance, increase, or disbursement described in this section, shall be the same as if such advance, increase or disbursement was made on the date of the recordation of the mortgage.
Acts 1987, ch. 137, § 9.
Tenn. Code Ann. § 47-2a-201 — TN Code / Title 47 / Chapter 2a / Section 47-2a-201
2024 Tennessee Code Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) Chapter 2A - LEASES (§§ 47-2A-101 — 47-2A-532) Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT (§§ 47-2A-201 — 47-2A-221) Section 47-2A-201 - Statute of frauds
Status: in_force

(1) A lease contract is not enforceable by way of action or defense unless: (a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars ($1,000); or (b) there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described. (3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing. (4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable: (a) if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement; (b) if the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) with respect to goods that have been received and accepted by the lessee. (5) The lease term under a lease contract referred to in subsection (4) is: (a) if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified; (b) if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or (c) a reasonable lease term. Acts 1993, ch. 398, § 1.
(1) A lease contract is not enforceable by way of action or defense unless: (a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars ($1,000); or (b) there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars ($1,000); or
(b) there is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described.
(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing.
(4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable: (a) if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement; (b) if the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) with respect to goods that have been received and accepted by the lessee.
(a) if the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) if the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) with respect to goods that have been received and accepted by the lessee.
(5) The lease term under a lease contract referred to in subsection (4) is: (a) if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified; (b) if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or (c) a reasonable lease term.
(a) if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;
(b) if the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or
(c) a reasonable lease term.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-3-411 — TN Code / Title 47 / Chapter 3 / Section 47-3-411
Refusal to pay cashier's checks, teller's checks, and certified checks
Status: in_force

(a) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay within a reasonable time after receiving written notice of particular circumstances giving rise to the damages. (c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal of the obligated bank to pay occurs or a stop-payment order on a teller's check is issued because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law. For the purposes of this subsection: (1) If the obligated bank has in good faith refused or stopped payment on the basis of a declaration of loss under § 47-3-312 , the obligated bank shall be deemed to have a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument. (2) If the instrument was obtained from the obligated bank by fraud, that is a defense the obligated bank has reasonable grounds to believe is available against the person entitled to enforce the instrument. (d) If a certified check is presented within thirty (30) days of its certification, or if a teller's check purchased by a remitter or a cashier's check is presented for payment within thirty (30) days of its issuance, and if the instrument is dishonored, the obligated bank may not assert a defense on the instrument under § 47-3-305(a)(2) or a claim in recoupment under § 47-3-305(a)(3) , unless the instrument was obtained from the obligated bank by fraud. Acts 1995, ch. 397, § 2.
(a) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.
(b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay within a reasonable time after receiving written notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal of the obligated bank to pay occurs or a stop-payment order on a teller's check is issued because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law. For the purposes of this subsection: (1) If the obligated bank has in good faith refused or stopped payment on the basis of a declaration of loss under § 47-3-312 , the obligated bank shall be deemed to have a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument. (2) If the instrument was obtained from the obligated bank by fraud, that is a defense the obligated bank has reasonable grounds to believe is available against the person entitled to enforce the instrument.
(1) If the obligated bank has in good faith refused or stopped payment on the basis of a declaration of loss under § 47-3-312 , the obligated bank shall be deemed to have a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument.
(2) If the instrument was obtained from the obligated bank by fraud, that is a defense the obligated bank has reasonable grounds to believe is available against the person entitled to enforce the instrument.
(d) If a certified check is presented within thirty (30) days of its certification, or if a teller's check purchased by a remitter or a cashier's check is presented for payment within thirty (30) days of its issuance, and if the instrument is dishonored, the obligated bank may not assert a defense on the instrument under § 47-3-305(a)(2) or a claim in recoupment under § 47-3-305(a)(3) , unless the instrument was obtained from the obligated bank by fraud.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-707 — TN Code / Title 47 / Chapter 18 / Section 47-18-707
Misrepresentation of seller's identity
Status: in_force

Notwithstanding any other law, if at the time of a home solicitation a seller or the seller's agent should fail to immediately identify such person as a seller or lessor, or should the seller or agent represent or imply that the seller's or agent's purpose at the time of solicitation is anything other than selling or leasing if that is not substantially true, the buyer shall have a total of thirty (30) days to cancel any home solicitation sales contract there entered into in the same manner and to the same extent as otherwise provided by this chapter; provided, that the goods or merchandise are made available for the seller's repossession and are tendered back to the seller in substantially as good condition as when received by the buyer. Acts 1974, ch. 712, § 7; T.C.A., § 47-16-107 .
Notwithstanding any other law, if at the time of a home solicitation a seller or the seller's agent should fail to immediately identify such person as a seller or lessor, or should the seller or agent represent or imply that the seller's or agent's purpose at the time of solicitation is anything other than selling or leasing if that is not substantially true, the buyer shall have a total of thirty (30) days to cancel any home solicitation sales contract there entered into in the same manner and to the same extent as otherwise provided by this chapter; provided, that the goods or merchandise are made available for the seller's repossession and are tendered back to the seller in substantially as good condition as when received by the buyer.
Acts 1974, ch. 712, § 7; T.C.A., § 47-16-107 .
Tenn. Code Ann. § 47-18-5529 — TN Code / Title 47 / Chapter 18 / Section 47-18-5529
Notice of litigation
Status: in_force

No later than thirty (30) days after a provider has been served with notice of a civil action for violation of this part by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify the administrator in a record that it has been sued. Acts 2009, ch. 469, § 1.
No later than thirty (30) days after a provider has been served with notice of a civil action for violation of this part by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify the administrator in a record that it has been sued.
Acts 2009, ch. 469, § 1.