Tenn. Code Ann. § 47-18-113 — TN Code / Title 47 / Chapter 18 / Section 47-18-113
Waiver of rights - Restrictions on jurisdiction or venue prohibited
Status: in_force

(a) No provision of this part may be limited or waived by contract, agreement, or otherwise, notwithstanding any other law to the contrary; provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties. (b) Any provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state with respect to any claim arising under or relating to the Tennessee Consumer Protection Act of 1977 and related acts set forth in this title is void as a matter of public policy. Further, no action of a consumer or other person can alter, amend, obstruct or abolish the right of the attorney general and reporter to proceed to protect the state of Tennessee and consumers or other persons within this state or from other states who are victims of illegal practices of persons located, wholly or in part, in Tennessee's borders. (c) (1) No other right or benefit conferred on consumers by any other provision of this code may be waived or otherwise varied except as provided for in this section. (2) Any waiver of a right or benefit described in this subsection (c) must be knowingly and intelligently made. (3) The competence of the consumer, the consumer's actual knowledge of the rights or benefits being waived, or lack thereof, the manner in which the right or benefit was pointed out to the consumer at the time of the consumer transaction, the nature of the deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of consideration received are relevant to the issue of whether the waiver was knowingly and intelligently made. (4) If the consumer was not specifically informed of the effect of the waiver and did not specifically waive such consumer's rights or benefits at the time of the consumer transaction, the party claiming waiver shall have the burden of establishing that the waiver was knowingly and intelligently made. Acts 1977, ch. 438, § 14; 1979, ch. 303, § 1; 1999, ch. 395, § 5.
(a) No provision of this part may be limited or waived by contract, agreement, or otherwise, notwithstanding any other law to the contrary; provided, that this part shall not alter, amend, or repeal the provisions of the Uniform Commercial Code relative to express or implied warranties or the exclusion or modification of such warranties.
(b) Any provision in any agreement or stipulation, verbal or written, restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state with respect to any claim arising under or relating to the Tennessee Consumer Protection Act of 1977 and related acts set forth in this title is void as a matter of public policy. Further, no action of a consumer or other person can alter, amend, obstruct or abolish the right of the attorney general and reporter to proceed to protect the state of Tennessee and consumers or other persons within this state or from other states who are victims of illegal practices of persons located, wholly or in part, in Tennessee's borders.
(c) (1) No other right or benefit conferred on consumers by any other provision of this code may be waived or otherwise varied except as provided for in this section. (2) Any waiver of a right or benefit described in this subsection (c) must be knowingly and intelligently made. (3) The competence of the consumer, the consumer's actual knowledge of the rights or benefits being waived, or lack thereof, the manner in which the right or benefit was pointed out to the consumer at the time of the consumer transaction, the nature of the deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of consideration received are relevant to the issue of whether the waiver was knowingly and intelligently made. (4) If the consumer was not specifically informed of the effect of the waiver and did not specifically waive such consumer's rights or benefits at the time of the consumer transaction, the party claiming waiver shall have the burden of establishing that the waiver was knowingly and intelligently made.
(1) No other right or benefit conferred on consumers by any other provision of this code may be waived or otherwise varied except as provided for in this section.
(2) Any waiver of a right or benefit described in this subsection (c) must be knowingly and intelligently made.
(3) The competence of the consumer, the consumer's actual knowledge of the rights or benefits being waived, or lack thereof, the manner in which the right or benefit was pointed out to the consumer at the time of the consumer transaction, the nature of the deception or coercion practiced upon the consumer, the nature and extent of the legal advice received by the consumer, and the value of consideration received are relevant to the issue of whether the waiver was knowingly and intelligently made.
(4) If the consumer was not specifically informed of the effect of the waiver and did not specifically waive such consumer's rights or benefits at the time of the consumer transaction, the party claiming waiver shall have the burden of establishing that the waiver was knowingly and intelligently made.
Acts 1977, ch. 438, § 14; 1979, ch. 303, § 1; 1999, ch. 395, § 5.
Tenn. Code Ann. § 47-18-5003 — TN Code / Title 47 / Chapter 18 / Section 47-18-5003
Plan to receive and disseminate on attorney general and reporter's website reports of scams, schemes, swindles, and other frauds that target adults
Status: in_force

The director shall develop and implement a plan to receive and disseminate on the attorney general and reporter's website reports of scams, schemes, swindles, and other frauds that target adults, as defined in § 71-6-102 . Amended by 2019 Tenn. Acts, ch. 459,s 49, eff. 9/30/2019. Added by 2016 Tenn. Acts, ch. 1044,s 3, eff. 4/28/2016.
The director shall develop and implement a plan to receive and disseminate on the attorney general and reporter's website reports of scams, schemes, swindles, and other frauds that target adults, as defined in § 71-6-102 .
Amended by 2019 Tenn. Acts, ch. 459,s 49, eff. 9/30/2019.
Added by 2016 Tenn. Acts, ch. 1044,s 3, eff. 4/28/2016.
Tenn. Code Ann. § 47-18-5104 — TN Code / Title 47 / Chapter 18 / Section 47-18-5104
Violation - Unfair or deceptive act or practice - Penalties cumulative
Status: in_force

(a) Violation of any provision of this part, or any rules and regulations promulgated hereunder, constitutes an unfair or deceptive act or practice under § 47-18-104(a) ; provided, that no criminal penalty shall be incurred for violation of this part. A civil action for violation of this part may be brought under part 1 of this chapter. (b) The remedies and penalties provided in this section are cumulative. This part preempts any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same or similar conduct prohibited in this part. Amended by 2018 Tenn. Acts, ch. 624,s 5, eff. 4/2/2018. Acts 2002, ch. 807, § 2.
(a) Violation of any provision of this part, or any rules and regulations promulgated hereunder, constitutes an unfair or deceptive act or practice under § 47-18-104(a) ; provided, that no criminal penalty shall be incurred for violation of this part. A civil action for violation of this part may be brought under part 1 of this chapter.
(b) The remedies and penalties provided in this section are cumulative. This part preempts any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same or similar conduct prohibited in this part.
Amended by 2018 Tenn. Acts, ch. 624,s 5, eff. 4/2/2018.
Acts 2002, ch. 807, § 2.
Tenn. Code Ann. § 47-25-1221 — TN Code / Title 47 / Chapter 25 / Section 47-25-1221
Civil action against developer for violations
Status: in_force

(a) Any person who has been injured by a violation of this part by an invention developer, or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by § 47-25-1207 , may bring a civil action against the invention developer for the greater of the following amounts: (1) Three thousand dollars ($3,000); or (2) Three (3) times the amount of the actual damages, if any, sustained by the plaintiff. (b) In addition to the greater of the preceding amounts, the court may award reasonable attorney's fees to the plaintiff. Acts 1977, ch. 436, § 17; T.C.A., § 47-20-121.
(a) Any person who has been injured by a violation of this part by an invention developer, or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by § 47-25-1207 , may bring a civil action against the invention developer for the greater of the following amounts: (1) Three thousand dollars ($3,000); or (2) Three (3) times the amount of the actual damages, if any, sustained by the plaintiff.
(1) Three thousand dollars ($3,000); or
(2) Three (3) times the amount of the actual damages, if any, sustained by the plaintiff.
(b) In addition to the greater of the preceding amounts, the court may award reasonable attorney's fees to the plaintiff.
Acts 1977, ch. 436, § 17; T.C.A., § 47-20-121.
Tenn. Code Ann. § 47-2-512 — TN Code / Title 47 / Chapter 2 / Section 47-2-512
Payment by buyer before inspection
Status: in_force

(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless: (a) the nonconformity appears without inspection; or (b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of chapters 1-9 of this title (§ 47-5-109(b) ). (2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies. Acts 1963, ch. 81, § 1 (2-512); 1998, ch. 675, § 5.
(1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless: (a) the nonconformity appears without inspection; or (b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of chapters 1-9 of this title (§ 47-5-109(b) ).
(a) the nonconformity appears without inspection; or
(b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of chapters 1-9 of this title (§ 47-5-109(b) ).
(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies.
Acts 1963, ch. 81, § 1 (2-512); 1998, ch. 675, § 5.
Tenn. Code Ann. § 47-25-1202 — TN Code / Title 47 / Chapter 25 / Section 47-25-1202
Advertising compliance with law prohibited
Status: in_force

No invention developer shall make, or authorize the making of, any reference to compliance by it with this part in any advertisement. Acts 1977, ch. 436, § 24; T.C.A., § 47-20-102.
No invention developer shall make, or authorize the making of, any reference to compliance by it with this part in any advertisement.
Acts 1977, ch. 436, § 24; T.C.A., § 47-20-102.
Tenn. Code Ann. § 47-13-103 — TN Code / Title 47 / Chapter 13 / Section 47-13-103
Settlement by trustee or assignee
Status: in_force

Any trustee or assignee to whom property has been conveyed in trust for the benefit of creditors, under the provisions of this chapter, shall be required to make settlement with the person performing the duties of the county clerk of the county in which the deed of trust or assignment was made, as soon after qualification as the nature of the deed or assignment will admit, showing what funds the trustee or assignee has received, how the trustee or assignee has disposed of the trust property, what expenses the trustee or assignee has paid out, and what amount of the funds remain in the trustee's or assignee's hands for payment to beneficiaries under the deed or assignment. Acts 1899, ch. 371, § 1; Shan., § 3524a1; Code 1932, § 7775; T.C.A. (orig. ed.), § 47-1503; modified.
Any trustee or assignee to whom property has been conveyed in trust for the benefit of creditors, under the provisions of this chapter, shall be required to make settlement with the person performing the duties of the county clerk of the county in which the deed of trust or assignment was made, as soon after qualification as the nature of the deed or assignment will admit, showing what funds the trustee or assignee has received, how the trustee or assignee has disposed of the trust property, what expenses the trustee or assignee has paid out, and what amount of the funds remain in the trustee's or assignee's hands for payment to beneficiaries under the deed or assignment.
Acts 1899, ch. 371, § 1; Shan., § 3524a1; Code 1932, § 7775; T.C.A. (orig. ed.), § 47-1503; modified.
Tenn. Code Ann. § 47-17-101 — TN Code / Title 47 / Chapter 17 / Section 47-17-101
Short title
Status: in_force

This chapter is known and may be cited as the "Tennessee Opioid Abatement Act." Added by 2021 Tenn. Acts, ch. 491, s 11, eff. 5/24/2021.
This chapter is known and may be cited as the "Tennessee Opioid Abatement Act."
Added by 2021 Tenn. Acts, ch. 491, s 11, eff. 5/24/2021.
Tenn. Code Ann. § 47-1-101 — TN Code / Title 47 / Chapter 1 / Section 47-1-101
Short title
Status: in_force

(a) Chapters 1-9 of this title shall be known and may be cited as the Uniform Commercial Code. (b) This chapter shall be known and may be cited as the "Uniform Commercial Code - General Provisions." Acts 2008, ch. 930, § 1.
(a) Chapters 1-9 of this title shall be known and may be cited as the Uniform Commercial Code.
(b) This chapter shall be known and may be cited as the "Uniform Commercial Code - General Provisions."
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-18-2701 — TN Code / Title 47 / Chapter 18 / Section 47-18-2701
Prohibited activities
Status: in_force

It shall be unlawful and a violation of this part for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts from health care providers in health-related purchases where: (1) Such card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance; (2) Such discounts are not specifically authorized in a contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device; or (3) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used. Acts 2001, ch. 173, § 1.
It shall be unlawful and a violation of this part for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts from health care providers in health-related purchases where:
(1) Such card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;
(2) Such discounts are not specifically authorized in a contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device; or
(3) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used.
Acts 2001, ch. 173, § 1.
Tenn. Code Ann. § 47-4a-103 — TN Code / Title 47 / Chapter 4a / Section 47-4a-103
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 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 47-4A-101 — 47-4A-108) Section 47-4A-103 - Payment order - Definitions
Status: in_force

(a) In this chapter: (1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if: (i) The instruction does not state a condition to payment to the beneficiary other than time of payment; (ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and (iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank; (2) "Beneficiary" means the person to be paid by the beneficiary's bank; (3) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account; (4) "Receiving bank" means the bank to which the sender's instruction is addressed; and (5) "Sender" means the person giving the instruction to the receiving bank. (b) If an instruction complying with subdivision (a)(1) is to make more than one (1) payment to a beneficiary, the instruction is a separate payment order with respect to each payment. (c) A payment order is issued when it is sent to the receiving bank. Acts 1991, ch. 52, § 1.
(a) In this chapter: (1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if: (i) The instruction does not state a condition to payment to the beneficiary other than time of payment; (ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and (iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank; (2) "Beneficiary" means the person to be paid by the beneficiary's bank; (3) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account; (4) "Receiving bank" means the bank to which the sender's instruction is addressed; and (5) "Sender" means the person giving the instruction to the receiving bank.
(1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if: (i) The instruction does not state a condition to payment to the beneficiary other than time of payment; (ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and (iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank;
(i) The instruction does not state a condition to payment to the beneficiary other than time of payment;
(ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and
(iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank;
(2) "Beneficiary" means the person to be paid by the beneficiary's bank;
(3) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account;
(4) "Receiving bank" means the bank to which the sender's instruction is addressed; and
(5) "Sender" means the person giving the instruction to the receiving bank.
(b) If an instruction complying with subdivision (a)(1) is to make more than one (1) payment to a beneficiary, the instruction is a separate payment order with respect to each payment.
(c) A payment order is issued when it is sent to the receiving bank.
Acts 1991, ch. 52, § 1.
Tenn. Code Ann. § 47-2a-523 — TN Code / Title 47 / Chapter 2a / Section 47-2a-523
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 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) C. DEFAULT BY LESSEE (§§ 47-2A-523 — 47-2A-532) Section 47-2A-523 - Lessor's remedies
Status: in_force

(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 47-2A-510 ), the lessee is in default under the lease contract and the lessor may: (a) cancel the lease contract (§ 47-2A-505(1) ); (b) proceed respecting goods not identified to the lease contract (§ 47-2A-524 ); (c) withhold delivery of the goods and take possession of goods previously delivered (§ 47-2A-525 ); (d) stop delivery of the goods by any bailee (§ 47-2A-526 ); (e) dispose of the goods and recover damages (§ 47-2A-527 ), or retain the goods and recover damages (§ 47-2A-528 ), or in a proper case recover rent (§ 47-2A-529 ); (f) exercise any other rights or pursue any other remedies provided in the lease contract. (2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default. (3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract: (a) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections (1) or (2); or (b) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2). Acts 1993, ch. 398, § 1.
(1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 47-2A-510 ), the lessee is in default under the lease contract and the lessor may: (a) cancel the lease contract (§ 47-2A-505(1) ); (b) proceed respecting goods not identified to the lease contract (§ 47-2A-524 ); (c) withhold delivery of the goods and take possession of goods previously delivered (§ 47-2A-525 ); (d) stop delivery of the goods by any bailee (§ 47-2A-526 ); (e) dispose of the goods and recover damages (§ 47-2A-527 ), or retain the goods and recover damages (§ 47-2A-528 ), or in a proper case recover rent (§ 47-2A-529 ); (f) exercise any other rights or pursue any other remedies provided in the lease contract.
(a) cancel the lease contract (§ 47-2A-505(1) );
(b) proceed respecting goods not identified to the lease contract (§ 47-2A-524 );
(c) withhold delivery of the goods and take possession of goods previously delivered (§ 47-2A-525 );
(d) stop delivery of the goods by any bailee (§ 47-2A-526 );
(e) dispose of the goods and recover damages (§ 47-2A-527 ), or retain the goods and recover damages (§ 47-2A-528 ), or in a proper case recover rent (§ 47-2A-529 );
(f) exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract: (a) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections (1) or (2); or (b) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2).
(a) if the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections (1) or (2); or
(b) if the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2).
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-25-1706 — TN Code / Title 47 / Chapter 25 / Section 47-25-1706
Preservation of secrecy
Status: in_force

In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. Acts 2000, ch. 647, § 6.
In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Acts 2000, ch. 647, § 6.
Tenn. Code Ann. § 47-50-115 — TN Code / Title 47 / Chapter 50 / Section 47-50-115
Reimbursement of federal excise taxes
Status: in_force

(a) When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b). (b) The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time the other party is required to remit such taxes to the internal revenue service. (c) Should a party choose to exercise the option provided in subsections (a) and (b), the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b), except to require the payment of such taxes under such option to be made by electronic transfer of funds. (d) The party exercising the option set out in subsections (a) and (b) shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than thirty (30) days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later. (e) This section applies to all contracts in effect on July 1, 1994, which have no expiration date and are continuing contracts, and to all other contracts entered into or renewed after July 1, 1994. Any contract in force and effect July 1, 1994, which, by its own terms, will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1994. (f) The option set out in subsections (a) and (b) shall not be construed to impair the obligation arising under any contract executed prior to July 1, 1994. Should the option set out in subsections (a) and (b) be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered. (g) All laws and parts of laws in conflict with this section are repealed. Acts 1994, ch. 843, §§ 1, 2.
(a) When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b).
(b) The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time the other party is required to remit such taxes to the internal revenue service.
(c) Should a party choose to exercise the option provided in subsections (a) and (b), the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b), except to require the payment of such taxes under such option to be made by electronic transfer of funds.
(d) The party exercising the option set out in subsections (a) and (b) shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than thirty (30) days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(e) This section applies to all contracts in effect on July 1, 1994, which have no expiration date and are continuing contracts, and to all other contracts entered into or renewed after July 1, 1994. Any contract in force and effect July 1, 1994, which, by its own terms, will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1994.
(f) The option set out in subsections (a) and (b) shall not be construed to impair the obligation arising under any contract executed prior to July 1, 1994. Should the option set out in subsections (a) and (b) be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered.
(g) All laws and parts of laws in conflict with this section are repealed.
Acts 1994, ch. 843, §§ 1, 2.
Tenn. Code Ann. § 47-22-203 — TN Code / Title 47 / Chapter 22 / Section 47-22-203
Notice of cardholder's termination of account
Status: in_force

A cardholder's notice of termination is delivered to the issuer when received at the address designated in the card issuer's most recent billing statement for receipt of notices of billing errors, or, if no such address is designated, at the address designated therein for receipt of payments on the account. Acts 1989, ch. 216, § 4.
A cardholder's notice of termination is delivered to the issuer when received at the address designated in the card issuer's most recent billing statement for receipt of notices of billing errors, or, if no such address is designated, at the address designated therein for receipt of payments on the account.
Acts 1989, ch. 216, § 4.
Tenn. Code Ann. § 47-25-807 — TN Code / Title 47 / Chapter 25 / Section 47-25-807
Agreements authorizing promotional use of name or mark - Liability of persons authorizing use
Status: in_force

(a) All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person. (b) Such agreements shall conspicuously disclose that persons agreeing to the use of their name, trade name, or trademark by the promoter may be held jointly accountable with the promoter for any violation of this part or other applicable laws. Acts 1980, ch. 718, § 7; T.C.A., § 69-907.
(a) All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person.
(b) Such agreements shall conspicuously disclose that persons agreeing to the use of their name, trade name, or trademark by the promoter may be held jointly accountable with the promoter for any violation of this part or other applicable laws.
Acts 1980, ch. 718, § 7; T.C.A., § 69-907.
Tenn. Code Ann. § 47-18-1901 — TN Code / Title 47 / Chapter 18 / Section 47-18-1901
Minimum service periods - Disclosure required
Status: in_force

In any circumstance in which a written contract for a wireless telecommunications device and service is required by the provider thereof, such contract shall have a separate acknowledgment, either by a separate signature line or by initialing, of any minimum service period. Acts 1997, ch. 276, § 2.
In any circumstance in which a written contract for a wireless telecommunications device and service is required by the provider thereof, such contract shall have a separate acknowledgment, either by a separate signature line or by initialing, of any minimum service period.
Acts 1997, ch. 276, § 2.
Tenn. Code Ann. § 47-2-402 — TN Code / Title 47 / Chapter 2 / Section 47-2-402
Rights of seller's creditors against sold goods
Status: in_force

(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods under this chapter (§§ 47-2-502 and 47-2-716 ). (2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent. (3) Nothing in this chapter shall be deemed to impair the rights of creditors of the seller: (a) under the provisions of the chapter on Secured Transactions (chapter 9 of this title); or (b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this chapter constitute the transaction a fraudulent transfer or voidable preference. Acts 1963, ch. 81, § 1 (2-402).
(1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods under this chapter (§§ 47-2-502 and 47-2-716 ).
(2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.
(3) Nothing in this chapter shall be deemed to impair the rights of creditors of the seller: (a) under the provisions of the chapter on Secured Transactions (chapter 9 of this title); or (b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this chapter constitute the transaction a fraudulent transfer or voidable preference.
(a) under the provisions of the chapter on Secured Transactions (chapter 9 of this title); or
(b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this chapter constitute the transaction a fraudulent transfer or voidable preference.
Acts 1963, ch. 81, § 1 (2-402).
Tenn. Code Ann. § 47-2a-307 — TN Code / Title 47 / Chapter 2a / Section 47-2a-307
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-307 - Priority of liens arising by attachment or levy on, security interests in, and other claims to goods
Status: in_force

(1) Except as otherwise provided in § 47-2A-306 , a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsection (3) and in §§ 47-2A-306 and 47-2A-308 , a creditor of a lessor takes subject to the lease unless the creditor holds a lien that attached to the goods before the lease contract became enforceable. (3) Except as otherwise provided in §§ 47-9-317 , 47-9-321 , and 47-9-323 , a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor. Acts 1993, ch. 398, § 1; 2000, ch. 846, § 11.
(1) Except as otherwise provided in § 47-2A-306 , a creditor of a lessee takes subject to the lease contract.
(2) Except as otherwise provided in subsection (3) and in §§ 47-2A-306 and 47-2A-308 , a creditor of a lessor takes subject to the lease unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.
(3) Except as otherwise provided in §§ 47-9-317 , 47-9-321 , and 47-9-323 , a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor.
Acts 1993, ch. 398, § 1; 2000, ch. 846, § 11.
Tenn. Code Ann. § 47-25-110 — TN Code / Title 47 / Chapter 25 / Section 47-25-110
Agricultural cooperatives - Monopolization or restraint of trade
Status: in_force

(a) If the commissioner of agriculture has reason to believe that any cooperative marketing association, organized or doing business in this state, under title 43, chapter 18, monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, the commissioner shall serve upon such association a complaint stating the charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty (30) days after the service thereof, requiring the association to show cause why an order should not be made directing the association to cease and desist from monopolization or restraint of trade. (b) An association so complained of may, at the time and place so fixed, show cause why such order should not be entered. (c) The evidence given on such a hearing shall be taken under such rules and regulations as the commissioner may prescribe, reduced to writing, and made a part of the record. (d) If, upon such hearing, the commissioner is of the opinion that such association monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced thereby, the commissioner shall issue and cause to be served upon the association an order reciting the facts found by the commissioner, directing such association to cease and desist from monopolization or restraint of trade. (e) If such association fails or refuses or neglects to obey such order, the attorney general and reporter shall then proceed to take appropriate action against the association so offending, in a court of competent jurisdiction. Such court may, upon the conclusion of the hearing, enforce its decree by injunction or other appropriate remedy, but no injunction or extraordinary process shall issue until such association fails or refuses to comply with the terms and provisions of the warning order of the commissioner. Acts 1925, ch. 49, § 2; Shan. Supp., § 3188a1; Code 1932, § 5891; T.C.A. (orig. ed.), §§ 69-111, 47-25-111.
(a) If the commissioner of agriculture has reason to believe that any cooperative marketing association, organized or doing business in this state, under title 43, chapter 18, monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, the commissioner shall serve upon such association a complaint stating the charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty (30) days after the service thereof, requiring the association to show cause why an order should not be made directing the association to cease and desist from monopolization or restraint of trade.
(b) An association so complained of may, at the time and place so fixed, show cause why such order should not be entered.
(c) The evidence given on such a hearing shall be taken under such rules and regulations as the commissioner may prescribe, reduced to writing, and made a part of the record.
(d) If, upon such hearing, the commissioner is of the opinion that such association monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced thereby, the commissioner shall issue and cause to be served upon the association an order reciting the facts found by the commissioner, directing such association to cease and desist from monopolization or restraint of trade.
(e) If such association fails or refuses or neglects to obey such order, the attorney general and reporter shall then proceed to take appropriate action against the association so offending, in a court of competent jurisdiction. Such court may, upon the conclusion of the hearing, enforce its decree by injunction or other appropriate remedy, but no injunction or extraordinary process shall issue until such association fails or refuses to comply with the terms and provisions of the warning order of the commissioner.
Acts 1925, ch. 49, § 2; Shan. Supp., § 3188a1; Code 1932, § 5891; T.C.A. (orig. ed.), §§ 69-111, 47-25-111.
Tenn. Code Ann. § 47-25-804 — TN Code / Title 47 / Chapter 25 / Section 47-25-804
Information required on coupon
Status: in_force

(a) Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description, as provided in the agreement between the promoter and the sponsor of: (1) The goods, services, or discount privileges which the sponsor will provide in exchange for the coupon; (2) The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor; (3) The expiration date of the coupon; and (4) All purchases required of the coupon holder as a condition of redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor. (b) Every coupon book, and every coupon sold or distributed individually, shall contain on its face: (1) The name and permanent business address of the promoter; and (2) The following statement in bold face or other conspicuous type or lettering: "REDEMPTION MAY BE SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS WHICH MUST BE STATED ON THE COUPON. YOU ARE ENTITLED TO INSPECT EACH COUPON BEFORE PURCHASE." Acts 1980, ch. 718, § 4; T.C.A., § 69-904.
(a) Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description, as provided in the agreement between the promoter and the sponsor of: (1) The goods, services, or discount privileges which the sponsor will provide in exchange for the coupon; (2) The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor; (3) The expiration date of the coupon; and (4) All purchases required of the coupon holder as a condition of redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor.
(1) The goods, services, or discount privileges which the sponsor will provide in exchange for the coupon;
(2) The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor;
(3) The expiration date of the coupon; and
(4) All purchases required of the coupon holder as a condition of redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor.
(b) Every coupon book, and every coupon sold or distributed individually, shall contain on its face: (1) The name and permanent business address of the promoter; and (2) The following statement in bold face or other conspicuous type or lettering: "REDEMPTION MAY BE SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS WHICH MUST BE STATED ON THE COUPON. YOU ARE ENTITLED TO INSPECT EACH COUPON BEFORE PURCHASE."
(1) The name and permanent business address of the promoter; and
(2) The following statement in bold face or other conspicuous type or lettering: "REDEMPTION MAY BE SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS WHICH MUST BE STATED ON THE COUPON. YOU ARE ENTITLED TO INSPECT EACH COUPON BEFORE PURCHASE."
"REDEMPTION MAY BE SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS WHICH MUST BE STATED ON THE COUPON. YOU ARE ENTITLED TO INSPECT EACH COUPON BEFORE PURCHASE."
Acts 1980, ch. 718, § 4; T.C.A., § 69-904.
Tenn. Code Ann. § 47-17-104 — TN Code / Title 47 / Chapter 17 / Section 47-17-104
Distribution of funds - Keeping of settlement agreements on website of attorney general and reporter
Status: in_force

The funds obtained pursuant to a statewide opioid settlement agreement must be distributed pursuant to the agreement and any relevant provisions of a state-subdivision opioid abatement agreement. Copies of statewide opioid settlement agreements, including any amendments to such agreements, must be kept on the website of the attorney general and reporter. Added by 2021 Tenn. Acts, ch. 491,s 14, eff. 5/24/2021.
The funds obtained pursuant to a statewide opioid settlement agreement must be distributed pursuant to the agreement and any relevant provisions of a state-subdivision opioid abatement agreement. Copies of statewide opioid settlement agreements, including any amendments to such agreements, must be kept on the website of the attorney general and reporter.
Added by 2021 Tenn. Acts, ch. 491,s 14, eff. 5/24/2021.
Tenn. Code Ann. § 47-3-106 — TN Code / Title 47 / Chapter 3 / Section 47-3-106
Unconditional promise or order
Status: in_force

(a) Except as provided in this section, for the purposes of § 47-3-104(a) , a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional. (b) A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source. (c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of § 47-3-104(a) . If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument. (d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of § 47-3-104(a) ; but if the promise or order is an instrument, there cannot be a holder in due course of the instrument. Acts 1995, ch. 397, § 2.
(a) Except as provided in this section, for the purposes of § 47-3-104(a) , a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional.
(b) A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source.
(c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of § 47-3-104(a) . If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.
(d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of § 47-3-104(a) ; but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-1902 — TN Code / Title 47 / Chapter 18 / Section 47-18-1902
Penalties
Status: in_force

The penalties provided in part 1 of this chapter shall be applicable to a violation of this part. Acts 1997, ch. 276, § 3.
The penalties provided in part 1 of this chapter shall be applicable to a violation of this part.
Acts 1997, ch. 276, § 3.
Tenn. Code Ann. § 47-26-1015 — TN Code / Title 47 / Chapter 26 / Section 47-26-1015
Measurement practices and equipment used
Status: in_force

A public weighmaster shall use measurement practices and equipment: (1) In accordance with the requirements of the latest edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices"; (2) Examined, tested, and approved for use by a weights and measures official of this state; and (3) Suitable for the weighing of the amount and kind of material to be weighed. Acts 1997, ch. 311, § 2.
A public weighmaster shall use measurement practices and equipment:
(1) In accordance with the requirements of the latest edition of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices";
(2) Examined, tested, and approved for use by a weights and measures official of this state; and
(3) Suitable for the weighing of the amount and kind of material to be weighed.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-26-907 — TN Code / Title 47 / Chapter 26 / Section 47-26-907
Technical requirements for weighing and measuring devices, packaging and labeling, method of sale of commodities, and type evaluation
Status: in_force

(a) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, except insofar as modified or rejected by regulation. (b) The Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to packaging and labeling in the state, except insofar as modified or rejected by regulation. (c) The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the state, except insofar as modified or rejected by regulation. (d) The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to type evaluation in the state, except insofar as modified or rejected by regulation. Acts 1997, ch. 311, § 1.
(a) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, except insofar as modified or rejected by regulation.
(b) The Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to packaging and labeling in the state, except insofar as modified or rejected by regulation.
(c) The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the state, except insofar as modified or rejected by regulation.
(d) The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to type evaluation in the state, except insofar as modified or rejected by regulation.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-25-1104 — TN Code / Title 47 / Chapter 25 / Section 47-25-1104
Exclusivity and duration of right
Status: in_force

(a) The rights provided for in this part shall be deemed exclusive to the individual, subject to the assignment or licensing of such rights as provided in § 47-25-1103 , during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of ten (10) years after the death of the individual. (b) (1) Commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased shall maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in this subsection (b). (2) (A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death. (B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable. Amended by 2024 Tenn. Acts, ch. 588,s 5, eff. 7/1/2024. Acts 1984, ch. 945, § 4.
(a) The rights provided for in this part shall be deemed exclusive to the individual, subject to the assignment or licensing of such rights as provided in § 47-25-1103 , during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of ten (10) years after the death of the individual.
(b) (1) Commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased shall maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in this subsection (b). (2) (A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death. (B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.
(1) Commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased shall maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in this subsection (b).
(2) (A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death. (B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.
(A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death.
(B) For purposes of subdivision (b)(2)(A), "use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.
Amended by 2024 Tenn. Acts, ch. 588,s 5, eff. 7/1/2024.
Acts 1984, ch. 945, § 4.
Tenn. Code Ann. § 47-2a-304 — TN Code / Title 47 / Chapter 2a / Section 47-2a-304
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-304 - Subsequent lease of goods by lessor
Status: in_force

(1) Subject to § 47-2A-303 , a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) and § 47-2A-527(4) , takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though: (a) the lessor's transferor was deceived as to the identity of the lessor; (b) the delivery was in exchange for a check which is later dishonored; (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) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract. (3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. Acts 1993, ch. 398, § 1.
(1) Subject to § 47-2A-303 , a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) and § 47-2A-527(4) , takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though: (a) the lessor's transferor was deceived as to the identity of the lessor; (b) the delivery was in exchange for a check which is later dishonored; (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 lessor's transferor was deceived as to the identity of the lessor;
(b) the delivery was in exchange for a check which is later dishonored;
(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) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract.
(3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-9-709 — TN Code / Title 47 / Chapter 9 / Section 47-9-709
Priority
Status: in_force

(a) Law governing priority. This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Chapter 9 determines priority. (b) Priority if security interest becomes enforceable under § 47-9-203 . For purposes of § 47-9-322(a) , the priority of a security interest that becomes enforceable under § 47-9-203 of this act dates from the time this act takes effect if the security interest is perfected under this act by the filing of a financing statement before July 1, 2001 which would not have been effective to perfect the security interest under former Chapter 9. This subsection (b) does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement. Acts 2000, ch. 846, § 1.
(a) Law governing priority. This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Chapter 9 determines priority.
(b) Priority if security interest becomes enforceable under § 47-9-203 . For purposes of § 47-9-322(a) , the priority of a security interest that becomes enforceable under § 47-9-203 of this act dates from the time this act takes effect if the security interest is perfected under this act by the filing of a financing statement before July 1, 2001 which would not have been effective to perfect the security interest under former Chapter 9. This subsection (b) does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-9-809 — TN Code / Title 47 / Chapter 9 / Section 47-9-809
Priority
Status: in_force

This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, this chapter as it existed before amendment determines priority. Acts 2012, ch. 708, § 20.
This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, this chapter as it existed before amendment determines priority.
Acts 2012, ch. 708, § 20.
Tenn. Code Ann. § 47-25-1909 — TN Code / Title 47 / Chapter 25 / Section 47-25-1909
Civil liability for failure to repurchase - Remedies
Status: in_force

(a) If any supplier fails or refuses to repurchase and pay the dealer for any inventory covered under this part within sixty (60) days after shipment of the inventory, the supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the dealer, the dealer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment. (b) A dealer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations, together with all costs and attorneys' fees. (c) The dealer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. (d) The remedies in this section are in addition to any other remedies permitted by law. Acts 2007, ch. 188, § 10.
(a) If any supplier fails or refuses to repurchase and pay the dealer for any inventory covered under this part within sixty (60) days after shipment of the inventory, the supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the dealer, the dealer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment.
(b) A dealer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations, together with all costs and attorneys' fees.
(c) The dealer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement.
(d) The remedies in this section are in addition to any other remedies permitted by law.
Acts 2007, ch. 188, § 10.
Tenn. Code Ann. § 47-9-515 — TN Code / Title 47 / Chapter 9 / Section 47-9-515
Duration and effectiveness of financing statement; effect of lapsed financing statement
Status: in_force

(a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f) and (g), a filed financing statement is effective for a period of five (5) years after the date of filing. (b) Public-finance or manufactured-home transaction. Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thirty (30) years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction. (c) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value. (d) When continuation statement may be filed. A continuation statement may be filed only within six (6) months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable. (e) Effect of filing continuation statement. Except as otherwise provided in § 47-9-510 , upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five (5) years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement. (f) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed. (g) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under § 47-9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property. Effective 7/1/2013. See the version effective until 7/1/2013.Acts 2000, ch. 846, sec. 1; 2012 , ch. 708, 15.
(a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f) and (g), a filed financing statement is effective for a period of five (5) years after the date of filing.
(b) Public-finance or manufactured-home transaction. Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thirty (30) years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
(c) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(d) When continuation statement may be filed. A continuation statement may be filed only within six (6) months before the expiration of the five-year period specified in subsection (a) or the 30-year period specified in subsection (b), whichever is applicable.
(e) Effect of filing continuation statement. Except as otherwise provided in § 47-9-510 , upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five (5) years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(f) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
(g) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under § 47-9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
Effective 7/1/2013. See the version effective until 7/1/2013.Acts 2000, ch. 846, sec. 1; 2012 , ch. 708, 15.
Tenn. Code Ann. § 47-18-3102 — TN Code / Title 47 / Chapter 18 / Section 47-18-3102
Replacement or refund by manufacturer of farm machinery
Status: in_force

(a) At the consumer's discretion, a manufacturer shall replace farm machinery with comparable farm machinery or accept return of the farm machinery from a consumer and refund to the consumer the full purchase price and related repair costs specific to the machinery, less a reasonable allowance for use and a reasonable offset for physical damage to the farm machinery caused by the consumer, if: (1) The consumer provides written notice by certified mail to the manufacturer, distributor, or authorized dealer that a piece of farm machinery does not conform to an applicable express warranty or manufacturer's warranty during the quality assurance period; (2) The nonconformity substantially impairs the use of the farm machinery; and (3) The manufacturer, its agent, the distributor, or the authorized dealer cannot conform the farm machinery to an applicable express warranty or manufacturer's warranty after a reasonable number of repair attempts. (b) The consumer shall furnish possession of the nonconforming farm machinery to the manufacturer, distributor, or authorized dealer at the time of a refund or replacement. If a refund is made, then the refund must be made to the consumer, and lien holder or holder of a security interest, if any, as their interest may appear. If a replacement is made, then a consumer, lien holder, or lessor shall furnish clear title to, and possession of, the farm machinery to the manufacturer, distributor, or authorized dealer. Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
(a) At the consumer's discretion, a manufacturer shall replace farm machinery with comparable farm machinery or accept return of the farm machinery from a consumer and refund to the consumer the full purchase price and related repair costs specific to the machinery, less a reasonable allowance for use and a reasonable offset for physical damage to the farm machinery caused by the consumer, if: (1) The consumer provides written notice by certified mail to the manufacturer, distributor, or authorized dealer that a piece of farm machinery does not conform to an applicable express warranty or manufacturer's warranty during the quality assurance period; (2) The nonconformity substantially impairs the use of the farm machinery; and (3) The manufacturer, its agent, the distributor, or the authorized dealer cannot conform the farm machinery to an applicable express warranty or manufacturer's warranty after a reasonable number of repair attempts.
(1) The consumer provides written notice by certified mail to the manufacturer, distributor, or authorized dealer that a piece of farm machinery does not conform to an applicable express warranty or manufacturer's warranty during the quality assurance period;
(2) The nonconformity substantially impairs the use of the farm machinery; and
(3) The manufacturer, its agent, the distributor, or the authorized dealer cannot conform the farm machinery to an applicable express warranty or manufacturer's warranty after a reasonable number of repair attempts.
(b) The consumer shall furnish possession of the nonconforming farm machinery to the manufacturer, distributor, or authorized dealer at the time of a refund or replacement. If a refund is made, then the refund must be made to the consumer, and lien holder or holder of a security interest, if any, as their interest may appear. If a replacement is made, then a consumer, lien holder, or lessor shall furnish clear title to, and possession of, the farm machinery to the manufacturer, distributor, or authorized dealer.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 47-1-104 — TN Code / Title 47 / Chapter 1 / Section 47-1-104
Construction against implied repeal
Status: in_force

Chapters 1-9 of this title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. Acts 2008, ch. 930, § 1.
Chapters 1-9 of this title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Acts 2008, ch. 930, § 1.
Tenn. Code Ann. § 47-32-105 — TN Code / Title 47 / Chapter 32 / Section 47-32-105
Disbursement of funds by settlement agent from escrow or settlement account
Status: in_force

(a) No settlement agent shall disburse any funds from an escrow or settlement account in connection with a mortgage loan transaction identified in § 47-32-103(a) , until: (1) Disbursement of loan funds, designated for said mortgage loan, has been received by the settlement agent; (2) Such additional funds necessary to be provided by the borrower or other third party to fully fund the transaction have been received. All additional funds required by this subdivision (a)(2) in excess of one thousand dollars ($1,000), shall be provided to the settlement agent in one (1) of the forms identified in § 47-32-102(3) ; and (3) All documents required to complete the transaction have been executed and are deemed suitable for recording. (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 the settlement agent has received loan funds prior to or on the first business day after the time the rescission right has expired, the settlement agent shall not disburse any settlement proceeds earlier than the first day after the expiration of the rescission period, and the settlement agent has determined that the borrower has not exercised the right of rescission. Acts 2005, ch. 273, § 6.
(a) No settlement agent shall disburse any funds from an escrow or settlement account in connection with a mortgage loan transaction identified in § 47-32-103(a) , until: (1) Disbursement of loan funds, designated for said mortgage loan, has been received by the settlement agent; (2) Such additional funds necessary to be provided by the borrower or other third party to fully fund the transaction have been received. All additional funds required by this subdivision (a)(2) in excess of one thousand dollars ($1,000), shall be provided to the settlement agent in one (1) of the forms identified in § 47-32-102(3) ; and (3) All documents required to complete the transaction have been executed and are deemed suitable for recording.
(1) Disbursement of loan funds, designated for said mortgage loan, has been received by the settlement agent;
(2) Such additional funds necessary to be provided by the borrower or other third party to fully fund the transaction have been received. All additional funds required by this subdivision (a)(2) in excess of one thousand dollars ($1,000), shall be provided to the settlement agent in one (1) of the forms identified in § 47-32-102(3) ; and
(3) All documents required to complete the transaction have been executed and are deemed suitable for recording.
(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 the settlement agent has received loan funds prior to or on the first business day after the time the rescission right has expired, the settlement agent shall not disburse any settlement proceeds earlier than the first day after the expiration of the rescission period, and the settlement agent has determined that the borrower has not exercised the right of rescission.
Acts 2005, ch. 273, § 6.
Tenn. Code Ann. § 47-25-1217 — TN Code / Title 47 / Chapter 25 / Section 47-25-1217
Bond of developer
Status: in_force

(a) (1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company admitted to do business in this state. (2) The principal sum of the bond shall be five percent (5%) of the invention developer's gross income from the invention development business in this state during the invention developer's last fiscal year, except that the principal sum of the bond shall not be less than twenty-five thousand dollars ($25,000) in the first or any subsequent year of operations. (3) A copy of such bond shall be filed with the secretary of state prior to the time the invention developer first commences business in this state. (4) The invention developer shall have ninety (90) days after the end of each fiscal year within which to change the bond as may be necessary to conform to the requirements of this section. (b) (1) The bond required by subsection (a) shall be in favor of the state of Tennessee for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud or dishonesty or failure to provide the services of the invention developer in performance of the contract. (2) Any person claiming against the bond may maintain an action at law against the invention developer and the surety. (3) The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided herein shall in no event exceed the amount of the bond. Acts 1977, ch. 436, §§ 20, 21; T.C.A., § 47-20-117.
(a) (1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company admitted to do business in this state. (2) The principal sum of the bond shall be five percent (5%) of the invention developer's gross income from the invention development business in this state during the invention developer's last fiscal year, except that the principal sum of the bond shall not be less than twenty-five thousand dollars ($25,000) in the first or any subsequent year of operations. (3) A copy of such bond shall be filed with the secretary of state prior to the time the invention developer first commences business in this state. (4) The invention developer shall have ninety (90) days after the end of each fiscal year within which to change the bond as may be necessary to conform to the requirements of this section.
(1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company admitted to do business in this state.
(2) The principal sum of the bond shall be five percent (5%) of the invention developer's gross income from the invention development business in this state during the invention developer's last fiscal year, except that the principal sum of the bond shall not be less than twenty-five thousand dollars ($25,000) in the first or any subsequent year of operations.
(3) A copy of such bond shall be filed with the secretary of state prior to the time the invention developer first commences business in this state.
(4) The invention developer shall have ninety (90) days after the end of each fiscal year within which to change the bond as may be necessary to conform to the requirements of this section.
(b) (1) The bond required by subsection (a) shall be in favor of the state of Tennessee for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud or dishonesty or failure to provide the services of the invention developer in performance of the contract. (2) Any person claiming against the bond may maintain an action at law against the invention developer and the surety. (3) The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided herein shall in no event exceed the amount of the bond.
(1) The bond required by subsection (a) shall be in favor of the state of Tennessee for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud or dishonesty or failure to provide the services of the invention developer in performance of the contract.
(2) Any person claiming against the bond may maintain an action at law against the invention developer and the surety.
(3) The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided herein shall in no event exceed the amount of the bond.
Acts 1977, ch. 436, §§ 20, 21; T.C.A., § 47-20-117.
Tenn. Code Ann. § 47-3-109 — TN Code / Title 47 / Chapter 3 / Section 47-3-109
Payable to bearer or to order
Status: in_force

(a) A promise or order is payable to bearer if it: (1) states that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment; (2) does not state a payee; or (3) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person. (b) A promise or order that is not payable to bearer is payable to order if it is payable (i) to the order of an identified person or (ii) to an identified person or order. A promise or order that is payable to order is payable to the identified person. (c) An instrument payable to bearer may become payable to an identified person if it is specially endorsed pursuant to § 47-3-205(a) . An instrument payable to an identified person may become payable to bearer if it is endorsed in blank pursuant to § 47-3-205(b) . Acts 1995, ch. 397, § 2.
(a) A promise or order is payable to bearer if it: (1) states that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment; (2) does not state a payee; or (3) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.
(1) states that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment;
(2) does not state a payee; or
(3) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.
(b) A promise or order that is not payable to bearer is payable to order if it is payable (i) to the order of an identified person or (ii) to an identified person or order. A promise or order that is payable to order is payable to the identified person.
(c) An instrument payable to bearer may become payable to an identified person if it is specially endorsed pursuant to § 47-3-205(a) . An instrument payable to an identified person may become payable to bearer if it is endorsed in blank pursuant to § 47-3-205(b) .
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-8-202 — TN Code / Title 47 / Chapter 8 / Section 47-8-202
Issuer's responsibility and defenses - Notice of defect or defense
Status: in_force

(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued. (b) The following rules apply if an issuer asserts that a security is not valid: (1) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue. (2) Paragraph (1) applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security. (c) Except as otherwise provided in § 47-8-205 , lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice. (d) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense. (e) This section does not affect the right of a party to cancel a contract for a security "when, as and if issued" or "when distributed" in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed. (f) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly. Acts 1997, ch. 79, § 1.
(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued.
(b) The following rules apply if an issuer asserts that a security is not valid: (1) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue. (2) Paragraph (1) applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.
(1) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.
(2) Paragraph (1) applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.
(c) Except as otherwise provided in § 47-8-205 , lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.
(d) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense.
(e) This section does not affect the right of a party to cancel a contract for a security "when, as and if issued" or "when distributed" in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.
(f) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-5-112 — TN Code / Title 47 / Chapter 5 / Section 47-5-112
Transfer of letter of credit
Status: in_force

(a) Except as otherwise provided in § 47-5-113 , unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred. (b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if: (1) the transfer would violate applicable law; or (2) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § 47-5-108(e) or is otherwise reasonable under the circumstances. Acts 1998, ch. 675, § 1.
(a) Except as otherwise provided in § 47-5-113 , unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.
(b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if: (1) the transfer would violate applicable law; or (2) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § 47-5-108(e) or is otherwise reasonable under the circumstances.
(1) the transfer would violate applicable law; or
(2) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in § 47-5-108(e) or is otherwise reasonable under the circumstances.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-22-201 — TN Code / Title 47 / Chapter 22 / Section 47-22-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Account" means the account between a card issuer and one (1) or more cardholders reflecting the outstanding balance of card transactions; (2) "Account agreement" means the contract between the card issuer and the cardholder(s) governing the parties' respective rights and obligations respecting the account and transactions effected thereunder; (3) "Card issuer" or "issuer" means a person doing business in Tennessee that issues a credit card or that person's agent or assignee with respect to the card; (4) "Card transaction" or "transaction" means a cash advance, purchase, or other extension of credit effected or obtained by means of a credit card or account number; (5) "Card user" means any person authorized by the card issuer and all cardholders on an account to use a card pertaining to the account, but who is not obligated on the account of the issuer; (6) "Cardholder" means a natural person residing in Tennessee who has agreed with a card issuer to pay debts arising from card transactions, whether the card used in such transactions has been issued to the cardholder or to another person; (7) "Credit card" or "card" means any card, plate, coupon book or other single credit device that is issued primarily for consumer credit purposes and that may be used from time to time to obtain credit, including, but not limited to, a card that may be used to effect transactions governed by chapter 11 of this title; and (8) "Multiple-party account" means any account under which two (2) or more cardholders, or one (1) or more cardholders and one (1) or more card users, may effect card transactions. Acts 1989, ch. 216, § 2.
As used in this part, unless the context otherwise requires:
(1) "Account" means the account between a card issuer and one (1) or more cardholders reflecting the outstanding balance of card transactions;
(2) "Account agreement" means the contract between the card issuer and the cardholder(s) governing the parties' respective rights and obligations respecting the account and transactions effected thereunder;
(3) "Card issuer" or "issuer" means a person doing business in Tennessee that issues a credit card or that person's agent or assignee with respect to the card;
(4) "Card transaction" or "transaction" means a cash advance, purchase, or other extension of credit effected or obtained by means of a credit card or account number;
(5) "Card user" means any person authorized by the card issuer and all cardholders on an account to use a card pertaining to the account, but who is not obligated on the account of the issuer;
(6) "Cardholder" means a natural person residing in Tennessee who has agreed with a card issuer to pay debts arising from card transactions, whether the card used in such transactions has been issued to the cardholder or to another person;
(7) "Credit card" or "card" means any card, plate, coupon book or other single credit device that is issued primarily for consumer credit purposes and that may be used from time to time to obtain credit, including, but not limited to, a card that may be used to effect transactions governed by chapter 11 of this title; and
(8) "Multiple-party account" means any account under which two (2) or more cardholders, or one (1) or more cardholders and one (1) or more card users, may effect card transactions.
Acts 1989, ch. 216, § 2.
Tenn. Code Ann. § 47-26-901 — TN Code / Title 47 / Chapter 26 / Section 47-26-901
Short title
Status: in_force

This part may be cited as "Testing and Sealing - Use of Weights and Measures." Acts 1997, ch. 311, § 1.
This part may be cited as "Testing and Sealing - Use of Weights and Measures."
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-17-103 — TN Code / Title 47 / Chapter 17 / Section 47-17-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Declaration of a statewide opioid settlement agreement release" means a written release approved by the attorney general and reporter for a statewide opioid settlement agreement, which must include or reference the approval of the governor and comptroller of the treasury; (2) "District" means the governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts; (3) "Governmental entity" means: (A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities; (B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and (C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity; (4) "Released claims" means the causes of action and other claims that are released in a statewide opioid settlement agreement or as set forth in a declaration of such an agreement by the attorney general and reporter, including matters identified as released claims as that term or a comparable term is defined in a statewide opioid settlement agreement; (5) "Released entities" means the entities released in a statewide opioid settlement agreement and pursuant to a declaration of a statewide settlement agreement by the attorney general and reporter, including those identified as released entities as that term or a comparable term is defined in a statewide opioid settlement agreement; (6) "State-subdivision opioid abatement agreement" means an agreement entered into by the state and one (1) or more subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement; and (7) "Statewide opioid settlement agreement" means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which subdivision claims are addressed. Added by 2021 Tenn. Acts, ch. 491, s 13, eff. 5/24/2021.
As used in this chapter, unless the context requires otherwise:
(1) "Declaration of a statewide opioid settlement agreement release" means a written release approved by the attorney general and reporter for a statewide opioid settlement agreement, which must include or reference the approval of the governor and comptroller of the treasury;
(2) "District" means the governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts;
(3) "Governmental entity" means: (A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities; (B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and (C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity;
(A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities;
(B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and
(C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity;
(4) "Released claims" means the causes of action and other claims that are released in a statewide opioid settlement agreement or as set forth in a declaration of such an agreement by the attorney general and reporter, including matters identified as released claims as that term or a comparable term is defined in a statewide opioid settlement agreement;
(5) "Released entities" means the entities released in a statewide opioid settlement agreement and pursuant to a declaration of a statewide settlement agreement by the attorney general and reporter, including those identified as released entities as that term or a comparable term is defined in a statewide opioid settlement agreement;
(6) "State-subdivision opioid abatement agreement" means an agreement entered into by the state and one (1) or more subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement; and
(7) "Statewide opioid settlement agreement" means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which subdivision claims are addressed.
Added by 2021 Tenn. Acts, ch. 491, s 13, eff. 5/24/2021.
Tenn. Code Ann. § 47-25-1605 — TN Code / Title 47 / Chapter 25 / Section 47-25-1605
Violations
Status: in_force

(a) (1) For the first violation of § 47-25-1602 , the violator shall be issued a warning and informed of the penalty for any subsequent violations. (2) A second and subsequent violation of § 47-25-1602 is a Class C misdemeanor punishable by fine only. (b) (1) For the first violation of § 47-25-1604 , the violator shall be issued a warning and informed of the penalty for any subsequent violations. (2) A second or subsequent violation of § 47-25-1604 is a Class C misdemeanor punishable by fine only. Acts 1998, ch. 884, § 2.
(a) (1) For the first violation of § 47-25-1602 , the violator shall be issued a warning and informed of the penalty for any subsequent violations. (2) A second and subsequent violation of § 47-25-1602 is a Class C misdemeanor punishable by fine only.
(1) For the first violation of § 47-25-1602 , the violator shall be issued a warning and informed of the penalty for any subsequent violations.
(2) A second and subsequent violation of § 47-25-1602 is a Class C misdemeanor punishable by fine only.
(b) (1) For the first violation of § 47-25-1604 , the violator shall be issued a warning and informed of the penalty for any subsequent violations. (2) A second or subsequent violation of § 47-25-1604 is a Class C misdemeanor punishable by fine only.
(1) For the first violation of § 47-25-1604 , the violator shall be issued a warning and informed of the penalty for any subsequent violations.
(2) A second or subsequent violation of § 47-25-1604 is a Class C misdemeanor punishable by fine only.
Acts 1998, ch. 884, § 2.
Tenn. Code Ann. § 47-8-304 — TN Code / Title 47 / Chapter 8 / Section 47-8-304
Endorsement
Status: in_force

(a) An endorsement may be in blank or special. An endorsement in blank includes an endorsement to bearer. A special endorsement specifies to whom a security is to be transferred or who has power to transfer it. A holder may convert a blank endorsement to a special endorsement. (b) An endorsement purporting to be only of part of a security certificate representing units intended by the issuer to be separately transferable is effective to the extent of the endorsement. (c) An endorsement, whether special or in blank, does not constitute a transfer until delivery of the certificate on which it appears or, if the endorsement is on a separate document, until delivery of both the document and the certificate. (d) If a security certificate in registered form has been delivered to a purchaser without a necessary endorsement, the purchaser may become a protected purchaser only when the endorsement is supplied. However, against a transferor, a transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary endorsement supplied. (e) An endorsement of a security certificate in bearer form may give notice of an adverse claim to the certificate, but it does not otherwise affect a right to registration that the holder possesses. (f) Unless otherwise agreed, a person making an endorsement assumes only the obligations provided in § 47-8-108 and not an obligation that the security will be honored by the issuer. Acts 1997, ch. 79, § 1.
(a) An endorsement may be in blank or special. An endorsement in blank includes an endorsement to bearer. A special endorsement specifies to whom a security is to be transferred or who has power to transfer it. A holder may convert a blank endorsement to a special endorsement.
(b) An endorsement purporting to be only of part of a security certificate representing units intended by the issuer to be separately transferable is effective to the extent of the endorsement.
(c) An endorsement, whether special or in blank, does not constitute a transfer until delivery of the certificate on which it appears or, if the endorsement is on a separate document, until delivery of both the document and the certificate.
(d) If a security certificate in registered form has been delivered to a purchaser without a necessary endorsement, the purchaser may become a protected purchaser only when the endorsement is supplied. However, against a transferor, a transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary endorsement supplied.
(e) An endorsement of a security certificate in bearer form may give notice of an adverse claim to the certificate, but it does not otherwise affect a right to registration that the holder possesses.
(f) Unless otherwise agreed, a person making an endorsement assumes only the obligations provided in § 47-8-108 and not an obligation that the security will be honored by the issuer.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-18-1508 — TN Code / Title 47 / Chapter 18 / Section 47-18-1508
Penalty - Criminal
Status: in_force

Any person who violates any provision of §§ 47-18-1502 - 47-18-1504 commits a Class A misdemeanor. Acts 1990, ch. 874, § 8.
Any person who violates any provision of §§ 47-18-1502 - 47-18-1504 commits a Class A misdemeanor.
Acts 1990, ch. 874, § 8.
Tenn. Code Ann. § 47-9-608 — TN Code / Title 47 / Chapter 9 / Section 47-9-608
Application of proceeds of collection or enforcement; liability for deficiency and right to surplus
Status: in_force

(a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section 47-9-607 in the following order to: (A) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party; (B) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (C) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed. (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under paragraph (1)(C). (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Section 47-9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency. (b) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency. Acts 2000, ch. 846, § 1.
(a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section 47-9-607 in the following order to: (A) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party; (B) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (C) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed. (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under paragraph (1)(C). (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Section 47-9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.
(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section 47-9-607 in the following order to: (A) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party; (B) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (C) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.
(A) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;
(B) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and
(C) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.
(2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under paragraph (1)(C).
(3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Section 47-9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
(4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.
(b) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-2402 — TN Code / Title 47 / Chapter 18 / Section 47-18-2402
Failure to provide notice a defense to collection action
Status: in_force

In any action for the collection of the balance due on an unsolicited loan received by mail that resembles a check, it shall be a complete defense that such unsolicited loan was not actually requested by the defendant and such mail did not have upon its face the language required by § 47-18-2401 . Acts 1999, ch. 395, § 3.
In any action for the collection of the balance due on an unsolicited loan received by mail that resembles a check, it shall be a complete defense that such unsolicited loan was not actually requested by the defendant and such mail did not have upon its face the language required by § 47-18-2401 .
Acts 1999, ch. 395, § 3.
Tenn. Code Ann. § 47-5-107 — TN Code / Title 47 / Chapter 5 / Section 47-5-107
Confirmer, nominated person, and adviser
Status: in_force

(a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request and for the account of the issuer. (b) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation. (c) A person requested to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the request to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued. (d) A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under subsection (c). The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies. Acts 1998, ch. 675, § 1.
(a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer were an applicant and the confirmer had issued the letter of credit at the request and for the account of the issuer.
(b) A nominated person who is not a confirmer is not obligated to honor or otherwise give value for a presentation.
(c) A person requested to advise may decline to act as an adviser. An adviser that is not a confirmer is not obligated to honor or give value for a presentation. An adviser undertakes to the issuer and to the beneficiary accurately to advise the terms of the letter of credit, confirmation, amendment, or advice received by that person and undertakes to the beneficiary to check the apparent authenticity of the request to advise. Even if the advice is inaccurate, the letter of credit, confirmation, or amendment is enforceable as issued.
(d) A person who notifies a transferee beneficiary of the terms of a letter of credit, confirmation, amendment, or advice has the rights and obligations of an adviser under subsection (c). The terms in the notice to the transferee beneficiary may differ from the terms in any notice to the transferor beneficiary to the extent permitted by the letter of credit, confirmation, amendment, or advice received by the person who so notifies.
Acts 1998, ch. 675, § 1.
Tenn. Code Ann. § 47-18-1303 — TN Code / Title 47 / Chapter 18 / Section 47-18-1303
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "American Society for Testing and Materials (ASTM)" means the national scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge; (2) "Commissioner" means the Tennessee commissioner of agriculture or a departmental employee designated by the commissioner to act as the commissioner's representative for purposes of this part; (3) "Convey for consumption in Tennessee" means to commercially refine, blend, store, transport, distribute, retail, or otherwise participate in the preparation or transmittal of kerosene or motor fuels for use by consumers within this state; (4) "Department" means the Tennessee department of agriculture; (5) "Diesel fuel" means refined oils commonly used in internal combustion engines where ignition occurs by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials; (6) "Field inspector" means an employee of the department, or an employee of a person contracting with the department, whose duties and responsibilities include the collection of kerosene or motor fuel samples for testing and other activities related to enforcement of this part; (7) "Gasoline" means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines; (8) "Gasoline-alcohol blend" means a blend consisting primarily of gasoline and containing by volume at least one percent (1%) ethanol (ethyl alcohol) or methanol (methyl alcohol), or both; (9) "Kerosene" means a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials; (10) "Motor fuel" means any liquid product used for the generation of power in an internal combustion or turbine engine and includes, but is not necessarily limited to, gasoline, diesel fuel and gasoline-alcohol blends; and (11) "Person" means an individual, partnership, corporation, company, firm, association or other business entity. Acts 1989, ch. 397, § 3.
As used in this part, unless the context otherwise requires:
(1) "American Society for Testing and Materials (ASTM)" means the national scientific and technical organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge;
(2) "Commissioner" means the Tennessee commissioner of agriculture or a departmental employee designated by the commissioner to act as the commissioner's representative for purposes of this part;
(3) "Convey for consumption in Tennessee" means to commercially refine, blend, store, transport, distribute, retail, or otherwise participate in the preparation or transmittal of kerosene or motor fuels for use by consumers within this state;
(4) "Department" means the Tennessee department of agriculture;
(5) "Diesel fuel" means refined oils commonly used in internal combustion engines where ignition occurs by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials;
(6) "Field inspector" means an employee of the department, or an employee of a person contracting with the department, whose duties and responsibilities include the collection of kerosene or motor fuel samples for testing and other activities related to enforcement of this part;
(7) "Gasoline" means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines;
(8) "Gasoline-alcohol blend" means a blend consisting primarily of gasoline and containing by volume at least one percent (1%) ethanol (ethyl alcohol) or methanol (methyl alcohol), or both;
(9) "Kerosene" means a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials;
(10) "Motor fuel" means any liquid product used for the generation of power in an internal combustion or turbine engine and includes, but is not necessarily limited to, gasoline, diesel fuel and gasoline-alcohol blends; and
(11) "Person" means an individual, partnership, corporation, company, firm, association or other business entity.
Acts 1989, ch. 397, § 3.
Tenn. Code Ann. § 47-25-1108 — TN Code / Title 47 / Chapter 25 / Section 47-25-1108
Application to individuals protected by "Model Trademark Act."
Status: in_force

This part applies to any individual otherwise entitled to the protection afforded under part 5 of this chapter. Acts 1984, ch. 945, § 8.
This part applies to any individual otherwise entitled to the protection afforded under part 5 of this chapter.
Acts 1984, ch. 945, § 8.
Tenn. Code Ann. § 47-18-1706 — TN Code / Title 47 / Chapter 18 / Section 47-18-1706
Investigators
Status: in_force

Whenever the attorney general has reason to believe that a person is engaging in, has engaged in, or may be about to engage in a violation of this part or has reason to believe it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, or has engaged in, or is about to engage in such act or practice, the attorney general may conduct an investigation in accordance with § 47-18-106 . Amended by 2019 Tenn. Acts, ch. 459,s 30, eff. 9/30/2019. Acts 1996, ch. 731, § 7.
Whenever the attorney general has reason to believe that a person is engaging in, has engaged in, or may be about to engage in a violation of this part or has reason to believe it to be in the public interest to conduct an investigation to ascertain whether any person is engaging in, or has engaged in, or is about to engage in such act or practice, the attorney general may conduct an investigation in accordance with § 47-18-106 .
Amended by 2019 Tenn. Acts, ch. 459,s 30, eff. 9/30/2019.
Acts 1996, ch. 731, § 7.
Tenn. Code Ann. § 47-3-408 — TN Code / Title 47 / Chapter 3 / Section 47-3-408
Drawee not liable on unaccepted draft
Status: in_force

A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it. Acts 1995, ch. 397, § 2.
A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-18-3301 — TN Code / Title 47 / Chapter 18 / Section 47-18-3301
[Effective 7/1/2025] Short title
Status: in_force

This part is known and may be cited as the "Tennessee Information Protection Act." Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
This part is known and may be cited as the "Tennessee Information Protection Act."
Added by 2023 Tenn. Acts, ch. 408, s 2, eff. 7/1/2025.
Tenn. Code Ann. § 47-18-2801 — TN Code / Title 47 / Chapter 18 / Section 47-18-2801
Public policy
Status: in_force

Price gouging of vaccines and inoculations during a medical emergency is contrary to the public policy of the state of Tennessee. Acts 2005, ch. 164, § 1.
Price gouging of vaccines and inoculations during a medical emergency is contrary to the public policy of the state of Tennessee.
Acts 2005, ch. 164, § 1.
Tenn. Code Ann. § 47-18-1402 — TN Code / Title 47 / Chapter 18 / Section 47-18-1402
Warranty extension period
Status: in_force

Any written warranty or service contract purchased in this state on or after July 1, 1989, and in effect when there is a failure of the product under such written warranty or service contract shall be extended as follows: (1) The number of days the consumer is deprived of the use of the product by reason of the product being in repair; plus (2) Two (2) additional working days. Acts 1989, ch. 450, § 3.
Any written warranty or service contract purchased in this state on or after July 1, 1989, and in effect when there is a failure of the product under such written warranty or service contract shall be extended as follows:
(1) The number of days the consumer is deprived of the use of the product by reason of the product being in repair; plus
(2) Two (2) additional working days.
Acts 1989, ch. 450, § 3.
Tenn. Code Ann. § 47-2-504 — TN Code / Title 47 / Chapter 2 / Section 47-2-504
Shipment by seller
Status: in_force

Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must: (a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and (b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and (c) promptly notify the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues. Acts 1963, ch. 81, § 1 (2-504).
Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must:
(a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and
(b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and
(c) promptly notify the buyer of the shipment.
Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues.
Acts 1963, ch. 81, § 1 (2-504).
Tenn. Code Ann. § 47-2-315 — TN Code / Title 47 / Chapter 2 / Section 47-2-315
Implied warranty - Fitness for particular purpose - Exception for certain livestock
Status: in_force

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. With respect to the sale of cattle, hogs, sheep, and horses, there shall be no implied warranty that the cattle, hogs, sheep, and horses are free from disease. Acts 1963, ch. 81, § 1 (2-315); 1980, ch. 723, § 1.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. With respect to the sale of cattle, hogs, sheep, and horses, there shall be no implied warranty that the cattle, hogs, sheep, and horses are free from disease.
Acts 1963, ch. 81, § 1 (2-315); 1980, ch. 723, § 1.
Tenn. Code Ann. § 47-26-903 — TN Code / Title 47 / Chapter 26 / Section 47-26-903
Systems of weights and measures
Status: in_force

The system of weights and measures in customary use in the United States and the International System of Units (SI), the modernized metric system of weights and measures, are jointly recognized and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state. Acts 1997, ch. 311, § 1.
The system of weights and measures in customary use in the United States and the International System of Units (SI), the modernized metric system of weights and measures, are jointly recognized and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-18-311 — TN Code / Title 47 / Chapter 18 / Section 47-18-311
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 858, s 9, eff. 7/1/2016. Acts 1989, ch. 460, § 4.
Repealed by 2016 Tenn. Acts, ch. 858, s 9, eff. 7/1/2016.
Acts 1989, ch. 460, § 4.
Tenn. Code Ann. § 47-25-1705 — TN Code / Title 47 / Chapter 25 / Section 47-25-1705
Attorney's fees
Status: in_force

If: (1) A claim of misappropriation is made in bad faith, (2) A motion to terminate an injunction is made or resisted in bad faith, or (3) Willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party. Acts 2000, ch. 647, § 5.
If:
(1) A claim of misappropriation is made in bad faith,
(2) A motion to terminate an injunction is made or resisted in bad faith, or
(3) Willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
the court may award reasonable attorney's fees to the prevailing party.
Acts 2000, ch. 647, § 5.
Tenn. Code Ann. § 47-2a-521 — TN Code / Title 47 / Chapter 2a / Section 47-2a-521
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 5 - DEFAULT (§§ 47-2A-501 — 47-2A-532) B. DEFAULT BY LESSOR (§§ 47-2A-508 — 47-2A-522) Section 47-2A-521 - Lessee's right to specific performance or replevin
Status: in_force

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances. (2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just. (3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing. Acts 1993, ch. 398, § 1.
(1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.
(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-26-705 — TN Code / Title 47 / Chapter 26 / Section 47-26-705
Use of defective measuring devices - Repair - Reinspection
Status: in_force

(a) Any defective moisture-measuring device, while so marked, sealed, or tagged, as provided in § 47-26-704 , may be used to ascertain the moisture content of agricultural products offered for sale, processing, or storage, only under the following conditions: (1) The owner or user shall keep a record, open to inspection, of every commercial sample of agricultural products inspected by means of the defective device, showing that an adjustment was made on all such agricultural products tested; and (2) The device shall be repaired to comply with this section within thirty (30) days after inspection and the department thereupon notified that the device has been repaired accordingly. (b) If, upon reinspection, the device is again rejected under § 47-26-704 , such device shall be sealed and shall not be used until repaired and reinspected. Acts 1977, ch. 138, § 5; T.C.A., § 71-705.
(a) Any defective moisture-measuring device, while so marked, sealed, or tagged, as provided in § 47-26-704 , may be used to ascertain the moisture content of agricultural products offered for sale, processing, or storage, only under the following conditions: (1) The owner or user shall keep a record, open to inspection, of every commercial sample of agricultural products inspected by means of the defective device, showing that an adjustment was made on all such agricultural products tested; and (2) The device shall be repaired to comply with this section within thirty (30) days after inspection and the department thereupon notified that the device has been repaired accordingly.
(1) The owner or user shall keep a record, open to inspection, of every commercial sample of agricultural products inspected by means of the defective device, showing that an adjustment was made on all such agricultural products tested; and
(2) The device shall be repaired to comply with this section within thirty (30) days after inspection and the department thereupon notified that the device has been repaired accordingly.
(b) If, upon reinspection, the device is again rejected under § 47-26-704 , such device shall be sealed and shall not be used until repaired and reinspected.
Acts 1977, ch. 138, § 5; T.C.A., § 71-705.
Tenn. Code Ann. § 47-9-501 — TN Code / Title 47 / Chapter 9 / Section 47-9-501
Filing office
Status: in_force

(a) Filing offices. Except as otherwise provided in subsection (b), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) the office designated for the filing or recording of a record of a mortgage on the related real property, if: (A) the collateral is as-extracted collateral or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or (2) the office of the secretary of state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing. (b) Filing office for transmitting utilities. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures. Acts 2000, ch. 846, § 1.
(a) Filing offices. Except as otherwise provided in subsection (b), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is: (1) the office designated for the filing or recording of a record of a mortgage on the related real property, if: (A) the collateral is as-extracted collateral or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or (2) the office of the secretary of state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(1) the office designated for the filing or recording of a record of a mortgage on the related real property, if: (A) the collateral is as-extracted collateral or timber to be cut; or (B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
(A) the collateral is as-extracted collateral or timber to be cut; or
(B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
(2) the office of the secretary of state, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(b) Filing office for transmitting utilities. The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-8-505 — TN Code / Title 47 / Chapter 8 / Section 47-8-505
Duty of securities intermediary with respect to payments and distributions
Status: in_force

(a) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. 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 attempt to obtain the payment or distribution. (b) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary. Acts 1997, ch. 79, § 1.
(a) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. 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 attempt to obtain the payment or distribution.
(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 attempt to obtain the payment or distribution.
(b) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary.
Acts 1997, ch. 79, § 1.
Tenn. Code Ann. § 47-28-104 — TN Code / Title 47 / Chapter 28 / Section 47-28-104
Prerequisites for priority status
Status: in_force

(a) All open-end mortgages, in order to have the priority provided in § 47-28-103 , must contain the following: (1) A statement or other notice conspicuously identifying the mortgage as an open-end mortgage; (2) A provision fixing a stated term for the duration of the open-end credit agreement, which term and any extension thereof made pursuant to the provisions of the mortgage shall not exceed a total of thirty (30) years from the date of the original execution thereof; (3) A provision fixing a maximum limit on the total amount of principal indebtedness to be secured by the mortgage at any time, i.e., the credit limit, which limit shall include precomputed interest and other precomputed charges validly included in such principal amount, but shall not include other interest, loan charges, commitment fees, brokerage commissions, and other charges validly made pursuant to the mortgage, including but not limited to, those made or incurred in protecting the efficacy of the security, including, without limitation, payment of taxes or insurance premiums, or expenses incurred in the collection of the debt or the enforcement of the mortgage; (4) A conspicuous notice to the borrower of the borrower's right pursuant to this chapter to reduce the limit on the maximum amount of total principal indebtedness to be secured under the mortgage, but the inclusion of such notice in an open-end credit agreement separate from the mortgage shall be deemed compliance with this subdivision (a)(4); and (5) A provision, either in the mortgage or in the open-end credit agreement, governing the duty of the borrower to return checks, credit cards, or other devices to obtain further advances on the service by the borrower of a notice of limitation, upon notice from the creditor pursuant to the terms of the open-end credit agreement. (b) All mortgages securing future advances which may be obligatory and which are for commercial purposes, in order to have the priority provided in § 47-28-103 , must contain a statement or other notice identifying the mortgage as securing obligatory advances and as being for commercial purposes. Acts 1987, ch. 137, § 4; 2005, ch. 16, § 1.
(a) All open-end mortgages, in order to have the priority provided in § 47-28-103 , must contain the following: (1) A statement or other notice conspicuously identifying the mortgage as an open-end mortgage; (2) A provision fixing a stated term for the duration of the open-end credit agreement, which term and any extension thereof made pursuant to the provisions of the mortgage shall not exceed a total of thirty (30) years from the date of the original execution thereof; (3) A provision fixing a maximum limit on the total amount of principal indebtedness to be secured by the mortgage at any time, i.e., the credit limit, which limit shall include precomputed interest and other precomputed charges validly included in such principal amount, but shall not include other interest, loan charges, commitment fees, brokerage commissions, and other charges validly made pursuant to the mortgage, including but not limited to, those made or incurred in protecting the efficacy of the security, including, without limitation, payment of taxes or insurance premiums, or expenses incurred in the collection of the debt or the enforcement of the mortgage; (4) A conspicuous notice to the borrower of the borrower's right pursuant to this chapter to reduce the limit on the maximum amount of total principal indebtedness to be secured under the mortgage, but the inclusion of such notice in an open-end credit agreement separate from the mortgage shall be deemed compliance with this subdivision (a)(4); and (5) A provision, either in the mortgage or in the open-end credit agreement, governing the duty of the borrower to return checks, credit cards, or other devices to obtain further advances on the service by the borrower of a notice of limitation, upon notice from the creditor pursuant to the terms of the open-end credit agreement.
(1) A statement or other notice conspicuously identifying the mortgage as an open-end mortgage;
(2) A provision fixing a stated term for the duration of the open-end credit agreement, which term and any extension thereof made pursuant to the provisions of the mortgage shall not exceed a total of thirty (30) years from the date of the original execution thereof;
(3) A provision fixing a maximum limit on the total amount of principal indebtedness to be secured by the mortgage at any time, i.e., the credit limit, which limit shall include precomputed interest and other precomputed charges validly included in such principal amount, but shall not include other interest, loan charges, commitment fees, brokerage commissions, and other charges validly made pursuant to the mortgage, including but not limited to, those made or incurred in protecting the efficacy of the security, including, without limitation, payment of taxes or insurance premiums, or expenses incurred in the collection of the debt or the enforcement of the mortgage;
(4) A conspicuous notice to the borrower of the borrower's right pursuant to this chapter to reduce the limit on the maximum amount of total principal indebtedness to be secured under the mortgage, but the inclusion of such notice in an open-end credit agreement separate from the mortgage shall be deemed compliance with this subdivision (a)(4); and
(5) A provision, either in the mortgage or in the open-end credit agreement, governing the duty of the borrower to return checks, credit cards, or other devices to obtain further advances on the service by the borrower of a notice of limitation, upon notice from the creditor pursuant to the terms of the open-end credit agreement.
(b) All mortgages securing future advances which may be obligatory and which are for commercial purposes, in order to have the priority provided in § 47-28-103 , must contain a statement or other notice identifying the mortgage as securing obligatory advances and as being for commercial purposes.
Acts 1987, ch. 137, § 4; 2005, ch. 16, § 1.
Tenn. Code Ann. § 47-3-117 — TN Code / Title 47 / Chapter 3 / Section 47-3-117
Other agreements affecting instrument
Status: in_force

Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation. Acts 1995, ch. 397, § 2.
Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.
Acts 1995, ch. 397, § 2.
Tenn. Code Ann. § 47-14-122 — TN Code / Title 47 / Chapter 14 / Section 47-14-122
Interest on judgments - Computation
Status: in_force

Interest shall be computed on every judgment from the day on which the jury or the court, sitting without a jury, returned the verdict without regard to a motion for a new trial. Acts 1979, ch. 203, § 21.
Interest shall be computed on every judgment from the day on which the jury or the court, sitting without a jury, returned the verdict without regard to a motion for a new trial.
Acts 1979, ch. 203, § 21.
Tenn. Code Ann. § 47-16-105 — TN Code / Title 47 / Chapter 16 / Section 47-16-105
Prohibited activities
Status: in_force

A litigation financier shall not: (1) Pay or offer to pay commissions, referral fees or other forms of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees for referring a consumer to a litigation financier; (2) Accept any commissions, referral fees, rebates or other forms of consideration from an attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees; (3) Advertise false or misleading information regarding its products or services; (4) Refer a consumer or potential consumer to a specific attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees; provided, that if a consumer does not have legal representation, the provider shall refer the consumer to a local or state bar referral service operated by a bar association or a nonprofit organization; (5) Fail to promptly supply copies of any and all complete litigation financing contracts to the consumer and the attorney representing the consumer in the dispute; (6) Attempt to obtain a waiver of any remedy, including but not limited to, compensatory, statutory, or punitive damages, that the consumer might otherwise have; (7) Attempt to effect mandatory arbitration or otherwise effect waiver of a consumer's right to a trial by jury; (8) Offer or provide legal advice to the consumer regarding the litigation financing or the underlying dispute; or (9) Assign, which includes securitizing, a litigation financing contract, in whole or in part, to a third party; however: (A) This subdivision (9) does not prevent a litigation financier that retains responsibility for collecting payment, administering, or otherwise enforcing the litigation financing contract from making an assignment that is: (i) To a wholly owned subsidiary of the litigation financier; (ii) To an affiliate of the litigation financier that is under common control with the litigation financier; or (iii) A grant of a security interest that is pursuant to title 47, chapter 9 or is otherwise permitted by law; and (B) If an assignment is authorized and made pursuant to this subdivision (9), for purposes of this section, "litigation financier" includes a successor-in-interest to a litigation financing contract. Amended by 2017 Tenn. Acts, ch. 212,s 1, eff. 7/1/2017. Acts 2014, ch. 819, § 1.
A litigation financier shall not:
(1) Pay or offer to pay commissions, referral fees or other forms of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees for referring a consumer to a litigation financier;
(2) Accept any commissions, referral fees, rebates or other forms of consideration from an attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees;
(3) Advertise false or misleading information regarding its products or services;
(4) Refer a consumer or potential consumer to a specific attorney, law firm, medical provider, chiropractor, or physical therapist or any of their employees; provided, that if a consumer does not have legal representation, the provider shall refer the consumer to a local or state bar referral service operated by a bar association or a nonprofit organization;
(5) Fail to promptly supply copies of any and all complete litigation financing contracts to the consumer and the attorney representing the consumer in the dispute;
(6) Attempt to obtain a waiver of any remedy, including but not limited to, compensatory, statutory, or punitive damages, that the consumer might otherwise have;
(7) Attempt to effect mandatory arbitration or otherwise effect waiver of a consumer's right to a trial by jury;
(8) Offer or provide legal advice to the consumer regarding the litigation financing or the underlying dispute; or
(9) Assign, which includes securitizing, a litigation financing contract, in whole or in part, to a third party; however: (A) This subdivision (9) does not prevent a litigation financier that retains responsibility for collecting payment, administering, or otherwise enforcing the litigation financing contract from making an assignment that is: (i) To a wholly owned subsidiary of the litigation financier; (ii) To an affiliate of the litigation financier that is under common control with the litigation financier; or (iii) A grant of a security interest that is pursuant to title 47, chapter 9 or is otherwise permitted by law; and (B) If an assignment is authorized and made pursuant to this subdivision (9), for purposes of this section, "litigation financier" includes a successor-in-interest to a litigation financing contract.
(A) This subdivision (9) does not prevent a litigation financier that retains responsibility for collecting payment, administering, or otherwise enforcing the litigation financing contract from making an assignment that is: (i) To a wholly owned subsidiary of the litigation financier; (ii) To an affiliate of the litigation financier that is under common control with the litigation financier; or (iii) A grant of a security interest that is pursuant to title 47, chapter 9 or is otherwise permitted by law; and
(i) To a wholly owned subsidiary of the litigation financier;
(ii) To an affiliate of the litigation financier that is under common control with the litigation financier; or
(iii) A grant of a security interest that is pursuant to title 47, chapter 9 or is otherwise permitted by law; and
(B) If an assignment is authorized and made pursuant to this subdivision (9), for purposes of this section, "litigation financier" includes a successor-in-interest to a litigation financing contract.
Amended by 2017 Tenn. Acts, ch. 212,s 1, eff. 7/1/2017.
Acts 2014, ch. 819, § 1.
Tenn. Code Ann. § 47-18-5506 — TN Code / Title 47 / Chapter 18 / Section 47-18-5506
Application for registration - Required information
Status: in_force

An application for registration must be signed under oath and include: (1) The applicant's name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses and Internet web site addresses; (2) All names under which the applicant conducts business; (3) The address of each location in this state at which the applicant will provide debt-management services or a statement that the applicant will have no such location; (4) The name and home address of each officer and director of the applicant and each person that owns at least ten percent (10%) of the applicant; (5) Identification of every jurisdiction in which, during the five (5) years immediately preceding the application: (A) The applicant or any of its officers or directors has been licensed or registered to provide debt-management services; or (B) Individuals have resided when they received debt-management services from the applicant; (6) A statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners, or agents, or any person who is authorized to have access to the trust account required by § 47-18-5522 ; (7) The applicant's financial statements, reviewed by a licensed accountant, for each of the two (2) years immediately preceding the application or, if it has not been in operation for the two (2) years preceding the application, for the period of its existence. If the applicant claims nonprofit or tax exempt status, or if the applicant's business practices involve holding, accessing or directing the funds of an individual, the financial statements required by this part shall be audited by a licensed accountant; (8) Evidence of accreditation or certification by an independent accrediting or certifying organization approved by the administrator; (9) Evidence that, within twelve (12) months after initial employment, each of the applicant's counselors becomes certified as a certified counselor or certified debt specialist; (10) A description of the three (3) most commonly used educational programs that the applicant provides or intends to provide to individuals who reside in this state and a copy of any materials used or to be used in those programs; (11) A description of the applicant's financial analysis and initial budget plan, including any form or electronic model, used to evaluate the financial condition of individuals; (12) A copy of each form of agreement that the applicant will use with individuals who reside in this state; (13) The schedule of fees and charges that the applicant will use with individuals who reside in this state; (14) (A) At the applicant's expense, the results of a state and national fingerprint-based criminal history records check conducted by the federal bureau of investigation (FBI) or the Tennessee bureau of investigation (TBI), covering every officer, employee, or agent of the applicant who is authorized to have access to the trust account required by § 47-18-5522 ; (B) The applicant shall obtain electronically-scanned fingerprints placed on standard FBI or TBI applicant cards through a company that has contracted with the state to provide a fingerprinting service; provided, however, that the administrator may allow the applicant to instead provide the administrator with three (3) sets of classifiable fingerprints on standard FBI or TBI applicant cards for processing by the FBI or TBI for good cause; (C) In the event the state no longer contracts with any company to provide an electronic fingerprinting service, the applicant shall submit three (3) classifiable TBI and FBI fingerprint cards to be processed at the applicant's expense; (15) The names and addresses of all employers of each director during the ten (10) years immediately preceding the application; (16) A description of any ownership interest of at least ten percent (10%) by a director, owner or employee of the applicant in: (A) Any affiliate of the applicant; or (B) Any entity that provides products or services to the applicant or any individual relating to the applicant's debt-management services; (17) If an applicant claims nonprofit or tax exempt status, or if an applicant's business practices involve holding, accessing or directing the funds of an individual, a statement of the amount of compensation of the applicant's five (5) most highly compensated employees for each of the three (3) years immediately preceding the application or, if the applicant has not been in operation for the three (3) years preceding the application, for the period of the applicant's existence; (18) The identity of each director who is an affiliate, as defined in § 47-18-5502(2)(A) or (2)(B)(i), (ii), (iv), (v), (vi) or (vii) , of the applicant; and (19) Any other information that the administrator reasonably requires to perform the administrator's duties under § 47-18-5509 . Amended by 2021 Tenn. Acts, ch. 549, s 6, eff. 10/1/2021. Amended by 2018 Tenn. Acts, ch. 763, s 1, eff. 4/19/2018. Amended by 2015 Tenn. Acts, ch. 339, s 24, eff. 7/1/2015. Acts 2009 , ch. 469, § 1; 2011 , ch. 156, § 1.
An application for registration must be signed under oath and include:
(1) The applicant's name, principal business address and telephone number, and all other business addresses in this state, electronic-mail addresses and Internet web site addresses;
(2) All names under which the applicant conducts business;
(3) The address of each location in this state at which the applicant will provide debt-management services or a statement that the applicant will have no such location;
(4) The name and home address of each officer and director of the applicant and each person that owns at least ten percent (10%) of the applicant;
(5) Identification of every jurisdiction in which, during the five (5) years immediately preceding the application: (A) The applicant or any of its officers or directors has been licensed or registered to provide debt-management services; or (B) Individuals have resided when they received debt-management services from the applicant;
(A) The applicant or any of its officers or directors has been licensed or registered to provide debt-management services; or
(B) Individuals have resided when they received debt-management services from the applicant;
(6) A statement describing, to the extent it is known or should be known by the applicant, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners, or agents, or any person who is authorized to have access to the trust account required by § 47-18-5522 ;
(7) The applicant's financial statements, reviewed by a licensed accountant, for each of the two (2) years immediately preceding the application or, if it has not been in operation for the two (2) years preceding the application, for the period of its existence. If the applicant claims nonprofit or tax exempt status, or if the applicant's business practices involve holding, accessing or directing the funds of an individual, the financial statements required by this part shall be audited by a licensed accountant;
(8) Evidence of accreditation or certification by an independent accrediting or certifying organization approved by the administrator;
(9) Evidence that, within twelve (12) months after initial employment, each of the applicant's counselors becomes certified as a certified counselor or certified debt specialist;
(10) A description of the three (3) most commonly used educational programs that the applicant provides or intends to provide to individuals who reside in this state and a copy of any materials used or to be used in those programs;
(11) A description of the applicant's financial analysis and initial budget plan, including any form or electronic model, used to evaluate the financial condition of individuals;
(12) A copy of each form of agreement that the applicant will use with individuals who reside in this state;
(13) The schedule of fees and charges that the applicant will use with individuals who reside in this state;
(14) (A) At the applicant's expense, the results of a state and national fingerprint-based criminal history records check conducted by the federal bureau of investigation (FBI) or the Tennessee bureau of investigation (TBI), covering every officer, employee, or agent of the applicant who is authorized to have access to the trust account required by § 47-18-5522 ; (B) The applicant shall obtain electronically-scanned fingerprints placed on standard FBI or TBI applicant cards through a company that has contracted with the state to provide a fingerprinting service; provided, however, that the administrator may allow the applicant to instead provide the administrator with three (3) sets of classifiable fingerprints on standard FBI or TBI applicant cards for processing by the FBI or TBI for good cause; (C) In the event the state no longer contracts with any company to provide an electronic fingerprinting service, the applicant shall submit three (3) classifiable TBI and FBI fingerprint cards to be processed at the applicant's expense;
(A) At the applicant's expense, the results of a state and national fingerprint-based criminal history records check conducted by the federal bureau of investigation (FBI) or the Tennessee bureau of investigation (TBI), covering every officer, employee, or agent of the applicant who is authorized to have access to the trust account required by § 47-18-5522 ;
(B) The applicant shall obtain electronically-scanned fingerprints placed on standard FBI or TBI applicant cards through a company that has contracted with the state to provide a fingerprinting service; provided, however, that the administrator may allow the applicant to instead provide the administrator with three (3) sets of classifiable fingerprints on standard FBI or TBI applicant cards for processing by the FBI or TBI for good cause;
(C) In the event the state no longer contracts with any company to provide an electronic fingerprinting service, the applicant shall submit three (3) classifiable TBI and FBI fingerprint cards to be processed at the applicant's expense;
(15) The names and addresses of all employers of each director during the ten (10) years immediately preceding the application;
(16) A description of any ownership interest of at least ten percent (10%) by a director, owner or employee of the applicant in: (A) Any affiliate of the applicant; or (B) Any entity that provides products or services to the applicant or any individual relating to the applicant's debt-management services;
(A) Any affiliate of the applicant; or
(B) Any entity that provides products or services to the applicant or any individual relating to the applicant's debt-management services;
(17) If an applicant claims nonprofit or tax exempt status, or if an applicant's business practices involve holding, accessing or directing the funds of an individual, a statement of the amount of compensation of the applicant's five (5) most highly compensated employees for each of the three (3) years immediately preceding the application or, if the applicant has not been in operation for the three (3) years preceding the application, for the period of the applicant's existence;
(18) The identity of each director who is an affiliate, as defined in § 47-18-5502(2)(A) or (2)(B)(i), (ii), (iv), (v), (vi) or (vii) , of the applicant; and
(19) Any other information that the administrator reasonably requires to perform the administrator's duties under § 47-18-5509 .
Amended by 2021 Tenn. Acts, ch. 549, s 6, eff. 10/1/2021.
Amended by 2018 Tenn. Acts, ch. 763, s 1, eff. 4/19/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 24, eff. 7/1/2015.
Acts 2009 , ch. 469, § 1; 2011 , ch. 156, § 1.
Tenn. Code Ann. § 47-2-515 — TN Code / Title 47 / Chapter 2 / Section 47-2-515
Preserving evidence of goods in dispute
Status: in_force

In furtherance of the adjustment of any claim or dispute: (a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and (b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment. Acts 1963, ch. 81, § 1 (2-515).
In furtherance of the adjustment of any claim or dispute:
(a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and
(b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.
Acts 1963, ch. 81, § 1 (2-515).
Tenn. Code Ann. § 47-14-115 — TN Code / Title 47 / Chapter 14 / Section 47-14-115
Usury or excess charges - Equitable remedies
Status: in_force

(a) The chancery court has jurisdiction, concurrent with courts of law, for the abatement and recovery of usury or excess loan charges. (b) No person shall be entitled to an equitable remedy with respect to usury or excess loan charges unless the person seeking such remedy does equity by paying, or tendering into court, the principal plus lawful interest and loan charges then due; provided, that any contract may be reformed by suit brought in equity with respect to any regulated loan charges, brokerage commissions, or commitment fees in excess of those authorized by law upon cost bond or, in appropriate cases, on pauper's oath. (c) Where successful in the reformation of the instrument, the complaining party shall be awarded reasonable attorneys' fees. Acts 1979, ch. 203, § 14.
(a) The chancery court has jurisdiction, concurrent with courts of law, for the abatement and recovery of usury or excess loan charges.
(b) No person shall be entitled to an equitable remedy with respect to usury or excess loan charges unless the person seeking such remedy does equity by paying, or tendering into court, the principal plus lawful interest and loan charges then due; provided, that any contract may be reformed by suit brought in equity with respect to any regulated loan charges, brokerage commissions, or commitment fees in excess of those authorized by law upon cost bond or, in appropriate cases, on pauper's oath.
(c) Where successful in the reformation of the instrument, the complaining party shall be awarded reasonable attorneys' fees.
Acts 1979, ch. 203, § 14.
Tenn. Code Ann. § 47-18-204 — TN Code / Title 47 / Chapter 18 / Section 47-18-204
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018. Amended by 2015 Tenn. Acts, ch. 339, s 6, eff. 7/1/2015. Acts 1980, ch. 846, § 4; 1982, ch. 570, § 4; 1984, ch. 728, § 16; 1999, ch. 55, § 6.
Repealed by 2018 Tenn. Acts, ch. 834, s 1, eff. 4/27/2018.
Amended by 2015 Tenn. Acts, ch. 339, s 6, eff. 7/1/2015.
Acts 1980, ch. 846, § 4; 1982, ch. 570, § 4; 1984, ch. 728, § 16; 1999, ch. 55, § 6.
Tenn. Code Ann. § 47-26-925 — TN Code / Title 47 / Chapter 26 / Section 47-26-925
Appeal of seizure or confiscation
Status: in_force

In the event of seizure or confiscation under this part, the aggrieved party shall have the right to appeal such action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1997, ch. 311, § 1.
In the event of seizure or confiscation under this part, the aggrieved party shall have the right to appeal such action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1997, ch. 311, § 1.
Tenn. Code Ann. § 47-13-102 — TN Code / Title 47 / Chapter 13 / Section 47-13-102
Filing of bond and oath
Status: in_force

The bond and affidavit shall be filed and preserved by the person performing the duties of the county clerk in such person's office. Code 1858, § 1975(deriv. Acts 1855-1856, ch. 113, § 10); Shan., §3524; Code 1932, § 7774; T.C.A. (orig. ed.), § 47-1502; modified.
The bond and affidavit shall be filed and preserved by the person performing the duties of the county clerk in such person's office.
Code 1858, § 1975(deriv. Acts 1855-1856, ch. 113, § 10); Shan., §3524; Code 1932, § 7774; T.C.A. (orig. ed.), § 47-1502; modified.
Tenn. Code Ann. § 47-25-111 — TN Code / Title 47 / Chapter 25 / Section 47-25-111
Coal - Agreement to restrict output
Status: in_force

Any person who, directly or indirectly, enters into a conspiracy or agreement with intent to limit the output of coal in this state, for the purpose of raising the price to the consumer, or to any intermediate dealer, or who enters into any conspiracy or agreement, directly or indirectly, of any nature whatsoever to so raise the price of coal to the consumer or to any intermediate dealer, commits a Class C misdemeanor. Acts 1897, ch. 93, § 1; Shan., § 3191a2; Acts 1917, ch. 138, § 1; Code 1932, § 5888; T.C.A. (orig. ed.), §§ 69-112, 47-25-112; Acts 1989, ch. 591, § 113.
Any person who, directly or indirectly, enters into a conspiracy or agreement with intent to limit the output of coal in this state, for the purpose of raising the price to the consumer, or to any intermediate dealer, or who enters into any conspiracy or agreement, directly or indirectly, of any nature whatsoever to so raise the price of coal to the consumer or to any intermediate dealer, commits a Class C misdemeanor.
Acts 1897, ch. 93, § 1; Shan., § 3191a2; Acts 1917, ch. 138, § 1; Code 1932, § 5888; T.C.A. (orig. ed.), §§ 69-112, 47-25-112; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 47-2a-406 — TN Code / Title 47 / Chapter 2a / Section 47-2a-406
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 4 - PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED (§§ 47-2A-401 — 47-2A-407) Section 47-2A-406 - Procedure on excused performance
Status: in_force

(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under § 47-2A-405 , the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 47-2A-510 ): (a) terminate the lease contract (§ 47-2A-505(2) ); or (b) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor. (2) If, after receipt of a notification from the lessor under § 47-2A-405 , the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty (30) days, the lease contract lapses with respect to any deliveries affected. Acts 1993, ch. 398, § 1.
(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under § 47-2A-405 , the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 47-2A-510 ): (a) terminate the lease contract (§ 47-2A-505(2) ); or (b) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
(a) terminate the lease contract (§ 47-2A-505(2) ); or
(b) except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
(2) If, after receipt of a notification from the lessor under § 47-2A-405 , the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty (30) days, the lease contract lapses with respect to any deliveries affected.
Acts 1993, ch. 398, § 1.
Tenn. Code Ann. § 47-26-1009 — TN Code / Title 47 / Chapter 26 / Section 47-26-1009
Denial of license
Status: in_force

The commissioner shall reserve the right to limit or reject the application of any public weighmaster whose qualifications and/or past work record does not comply with those requirements outlined in this part or pursuant regulations. Acts 1997, ch. 311, § 2.
The commissioner shall reserve the right to limit or reject the application of any public weighmaster whose qualifications and/or past work record does not comply with those requirements outlined in this part or pursuant regulations.
Acts 1997, ch. 311, § 2.
Tenn. Code Ann. § 47-9-621 — TN Code / Title 47 / Chapter 9 / Section 47-9-621
Notification of proposal to accept collateral
Status: in_force

(a) Persons to whom proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) any other secured party or lienholder that, ten (10) days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that: (A) identified the collateral; (B) was indexed under the debtor's name as of that date; and (C) was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and (3) any other secured party that, ten (10) days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 47-9-311(a) . (b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a). Acts 2000, ch. 846, § 1.
(a) Persons to whom proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral; (2) any other secured party or lienholder that, ten (10) days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that: (A) identified the collateral; (B) was indexed under the debtor's name as of that date; and (C) was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and (3) any other secured party that, ten (10) days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 47-9-311(a) .
(1) any person from whom the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral;
(2) any other secured party or lienholder that, ten (10) days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that: (A) identified the collateral; (B) was indexed under the debtor's name as of that date; and (C) was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and
(A) identified the collateral;
(B) was indexed under the debtor's name as of that date; and
(C) was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and
(3) any other secured party that, ten (10) days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 47-9-311(a) .
(b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a).
Acts 2000, ch. 846, § 1.
Tenn. Code Ann. § 47-18-1707 — TN Code / Title 47 / Chapter 18 / Section 47-18-1707
Enforcement actions
Status: in_force

(a) Whenever it appears to the attorney general that a person has engaged in or is about to engage in any act or practice constituting a violation of this part or any rule or order hereunder, the attorney general may, in the attorney general's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this part or any rule or order hereunder. (b) Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, discouragement or other proper equitable relief shall be granted. (c) The court shall not require the attorney general to post a bond. Amended by 2019 Tenn. Acts, ch. 459,s 31, eff. 9/30/2019. Acts 1996, ch. 731, § 8.
(a) Whenever it appears to the attorney general that a person has engaged in or is about to engage in any act or practice constituting a violation of this part or any rule or order hereunder, the attorney general may, in the attorney general's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this part or any rule or order hereunder.
(b) Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, discouragement or other proper equitable relief shall be granted.
(c) The court shall not require the attorney general to post a bond.
Amended by 2019 Tenn. Acts, ch. 459,s 31, eff. 9/30/2019.
Acts 1996, ch. 731, § 8.
Tenn. Code Ann. § 47-7-305 — TN Code / Title 47 / Chapter 7 / Section 47-7-305
Destination bills
Status: in_force

(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request. (b) Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to § 47-7-105 , may procure a substitute bill to be issued at any place designated in the request. Acts 2008, ch. 814, § 1.
(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.
(b) Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to § 47-7-105 , may procure a substitute bill to be issued at any place designated in the request.
Acts 2008, ch. 814, § 1.
Tenn. Code Ann. § 47-9-523 — TN Code / Title 47 / Chapter 9 / Section 47-9-523
Information from filing office - Sale or license of records
Status: in_force

(a) Acknowledgment of filing written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 47-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead: (1) note upon the copy the number assigned to the record pursuant to § 47-9-519(a)(1) and the date and time of the filing of the record; and (2) send the copy to the person. (b) Acknowledgment of filing other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides: (1) the information in the record; (2) the number assigned to the record pursuant to § 47-9-519(a)(1) ; and (3) the date and time of the filing of the record. (c) Communication of requested information. A filing office described in § 47-9-501(a)(2) shall, and a filing office described in § 47-9-501(a)(1) may, communicate or otherwise make available in a record the following information to any person that requests it: (1) whether there is on file on a date and time specified by the filing office, but not a date earlier than three (3) business days before the filing office receives the request, any financing statement that: (A) designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request; (B) has not lapsed under § 47-9-515 with respect to all secured parties of record; and (C) if the request so states, has lapsed under § 47-9-515 and a record of which is maintained by the filing office under § 47-9-522(a) ; (2) the date and time of filing of each financing statement; and (3) the information provided in each financing statement. (d) Medium for communicating information. In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity. (e) Timeliness of filing office performance. The filing office described in § 47-9-501(a)(2) shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing office rule, but not later than two (2) business days after the filing office receives the request. (f) Public availability of records. At least weekly, the secretary of state shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office described in § 47-9-501(a)(2) . Acts 2000, ch. 846, § 1.
(a) Acknowledgment of filing written record. If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 47-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead: (1) note upon the copy the number assigned to the record pursuant to § 47-9-519(a)(1) and the date and time of the filing of the record; and (2) send the copy to the person.
(1) note upon the copy the number assigned to the record pursuant to § 47-9-519(a)(1) and the date and time of the filing of the record; and
(2) send the copy to the person.
(b) Acknowledgment of filing other record. If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides: (1) the information in the record; (2) the number assigned to the record pursuant to § 47-9-519(a)(1) ; and (3) the date and time of the filing of the record.
(1) the information in the record;
(2) the number assigned to the record pursuant to § 47-9-519(a)(1) ; and
(3) the date and time of the filing of the record.
(c) Communication of requested information. A filing office described in § 47-9-501(a)(2) shall, and a filing office described in § 47-9-501(a)(1) may, communicate or otherwise make available in a record the following information to any person that requests it: (1) whether there is on file on a date and time specified by the filing office, but not a date earlier than three (3) business days before the filing office receives the request, any financing statement that: (A) designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request; (B) has not lapsed under § 47-9-515 with respect to all secured parties of record; and (C) if the request so states, has lapsed under § 47-9-515 and a record of which is maintained by the filing office under § 47-9-522(a) ; (2) the date and time of filing of each financing statement; and (3) the information provided in each financing statement.
(1) whether there is on file on a date and time specified by the filing office, but not a date earlier than three (3) business days before the filing office receives the request, any financing statement that: (A) designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request; (B) has not lapsed under § 47-9-515 with respect to all secured parties of record; and (C) if the request so states, has lapsed under § 47-9-515 and a record of which is maintained by the filing office under § 47-9-522(a) ;
(A) designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
(B) has not lapsed under § 47-9-515 with respect to all secured parties of record; and
(C) if the request so states, has lapsed under § 47-9-515 and a record of which is maintained by the filing office under § 47-9-522(a) ;
(2) the date and time of filing of each financing statement; and
(3) the information provided in each financing statement.
(d) Medium for communicating information. In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.
(e) Timeliness of filing office performance. The filing office described in § 47-9-501(a)(2) shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing office rule, but not later than two (2) business days after the filing office receives the request.
(f) Public availability of records. At least weekly, the secretary of state shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office described in § 47-9-501(a)(2) .
Acts 2000, ch. 846, § 1.