reglab/housing_qa huggingface dataset:
TN Code § 56-35-105 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-105. Supervision and Control by Commissioner

 The business of title insurance in this state is placed under the supervision and control of the commissioner, and every corporation engaged in title insurance business in this state shall be subject to the requirements of this chapter, and none other than a corporation, domestic or foreign, duly qualified under this chapter shall engage in the business of title insurance in this state.
TN Code § 56-35-106 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-106. Certificate of Compliance — Fee

 Whenever any title insurance company has made the deposit of money or securities, as required by this chapter, or, if a foreign title insurance company, has duly filed the certificate referred to in § 56-35-112 and satisfied the commissioner that it has on deposit with the proper officer of some other state cash or authorized securities, which, when added to any sums so deposited in this state, are sufficient to meet the deposit requirements of § 56-35-112, submitted satisfactory evidence to the commissioner that it has complied with this chapter, and paid a fee of one hundred dollars ($100) for issuance of a certificate to do business, then the commissioner shall issue a certificate renewable July 1 of each year, reciting that the insurer has complied with the title insurance law of this state and is authorized to do a title insurance business in this state.
TN Code § 56-35-107 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-107. Tax on Risk Rate Charges — Credits and Exemptions — Penalties — Minimum Tax

  Every title insurance company qualifying under this chapter shall annually, on or before March 1 of each year, file an annual statement as provided in § 56-35-108, and pay to the department of commerce and insurance a sum equal to two and one half percent (2.5%) of all risk rate charges collected by it, on risks located in this state, during the year next preceding, which tax shall be subject to the same credits and exemptions as provided for the gross premiums tax on other insurance companies under §§ 56-4-211, 56-4-213 and 56-4-217, and that shall be in lieu of any privilege tax, general or special; and all other taxes, state or local, except as provided by § 56-4-213.   Any title insurance company, qualifying under this chapter, that fails to make the returns and payments correctly and promptly on or before March 1 of each year in an electronic format approved by the commissioner, shall be subject to penalty as provided for the gross premium tax on other insurance companies under § 56-4-216.   The minimum amount of tax payable for any company qualifying under this chapter for the privilege of transacting business for any calendar year shall be one hundred fifty dollars ($150).   Nothing in this section shall be construed to provide an exemption from the sales and use tax imposed by title 67, chapter 6.
TN Code § 56-35-108 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-108. Annual Statement — Forms

 The commissioner shall, in December of each year, furnish to each of the insurance companies authorized to do business under this chapter, two (2) blanks in form adopted for their annual statement. The companies shall, annually, on or before March 1, file in the office of the commissioner a statement that shall exhibit its financial condition on December 31 of the previous year, and its business of that year. The annual statement shall be in the form and of the specifications the commissioner may require. The statement shall be subscribed and sworn to by the president and secretary, or in their absence, by two (2) of its principal officers.
TN Code § 56-35-109 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-109. Foreign Corporations — Commissioner Appointed to Accept Process

 Any foreign title insurance company desiring to transact a title insurance business in this state must first file with the commissioner a written power of attorney appointing and authorizing the commissioner as its agent for the purpose of acknowledging or receiving service of process and upon whom process may be served, in all proceedings that may be instituted against the company in any court of this state, or in any court of the United States in this state, which power of attorney shall continue in force so long as any liability remains outstanding against the insurer in this state.
TN Code § 56-35-110 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-110. Agencies to Hold Certificates of Authority — Application for Certificate

  No person within this state shall act or hold the person out as a title insurance agency unless the person has been issued a certificate of authority by the commissioner.   Any application for the certificate shall be in writing and on forms prescribed by the commissioner and shall be accompanied by a filing fee of one hundred ten dollars ($110).
TN Code § 56-35-111 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-111. Companies to File Rates — Disapproval of Rates by Commissioner — Hearing

  Every title insurance company shall file with the commissioner its schedules of rates and every modification of any rate that it proposes to use in this state. The schedule of rates and every modification of rates shall be filed by a rating organization meeting the qualifications set forth in § 56-35-132 unless an insurer files its own rates.   No title insurance company, agency, or agent shall charge any rate for any policy or contract of title insurance except in accordance with filings or rates that are in effect for the title insurance company as provided in this part.   The filing shall state the proposed effective date of rates, shall indicate the character and extent of the coverage contemplated, and shall be in the manner, form and detail as may be prescribed by the commissioner.    The commissioner shall within sixty (60) days after the receipt of any filing disapprove any rate the commissioner determines to be unfair, unjust or unfairly discriminatory.   Any rate filed may be used or charged after the expiration of sixty (60) days from the date it has been so filed, unless the commissioner has issued notice of the commissioner's prior written disapproval thereto within that period.   The notice of written disapproval shall specify the reasons therefor and shall state that a hearing will be granted within twenty (20) days after request in writing by the insurer or rating organization. In the conduct of the hearing, the commissioner or any regularly salaried employee specially designated by the commissioner for such purpose has the power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records or papers relevant to the inquiry upon the commissioner's or other employee's own initiative or upon the request of any interested insurer or rating organization.
TN Code § 56-35-112 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-112. Paid-Up Capital Stock — Surplus Account — Deposits With Commissioner

  Every corporation now organized, or which may be organized, under the laws of this state, or any foreign corporation now or in the future doing business in this state, insuring title to real estate, or insuring owners, mortgagees, lessees or others against loss by reason of defective title to real estate, or encumbrances thereon, before engaging in the business, shall have a paid-up capital stock of not less than one hundred thousand dollars ($100,000) and shall deposit with the commissioner as provided in this section, the sum of one hundred thousand dollars ($100,000) in cash or securities of kind and character as provided in this section, out of either capital or surplus, which fund shall be known as “Title Insurance Fund”; and the insurer may, at any time, and from time to time, for the purpose of qualifying itself to do business in any other state or states, or for any other purpose, voluntarily increase the amount of the fund; provided, that the increase or increases, when made, shall become and remain a part of the fund in the same manner as if the sum to which the fund is so increased was the amount required by this chapter, until the purpose for which the additional deposit was made shall cease to exist, whereupon the insurer shall have the right to withdraw the additional sums so deposited upon submission to the commissioner of satisfactory evidence that the insurer is no longer required to maintain the same. In addition to the paid up capital stock set out in this subsection (a), the corporation shall establish and maintain a surplus account to the extent that the capital stock and surplus account is in the aggregate amount of not less than five hundred thousand dollars ($500,000); provided, that the surplus shall not be required of those corporations chartered by the secretary of state on or before January 1, 1980.   A foreign title insurance company that satisfies the commissioner that it has on deposit with the proper officer of some other state cash or securities of the kind and character required by this chapter for the protection of all policyholders and creditors of the insurer in the whole of the United States shall be relieved from the requirement of making deposits for such purpose in this state to the extent that it has the funds so deposited for such purposes in another state; provided, that the foreign insurance company shall file with the commissioner, in proper form, the current certificate of the proper officer with whom the cash or securities are deposited, stating the amount of the cash and the time and amount of each security so deposited, and the minimum worth which the officer is satisfied that the total deposit has and certifying that the deposit is being maintained in public custody and control pursuant to law in such state for the protection of the insurer's policyholders and creditors in the whole of the United States.
TN Code § 56-35-113 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-113. Use of Income From Deposits

 The commissioner shall permit any title insurance company, its agents, attorneys, representatives or assigns, to collect, receive and use the income and any and all remittances of any of the income received by the commissioner, from all securities so deposited, and the commissioner shall deliver, or cause to be delivered to them or any of them, any and all coupons or other evidences of the income to which they may be entitled.
TN Code § 56-35-114 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-114. Reserve Fund of Domestic Insurers

 Every domestic insurer shall annually set apart, at the end of each year, into an account to be known as “Title Insurance Reserve,” an amount equal to ten percent (10%) of the risk rates collected, during the year then ending, by the insurer on account of the title insurance business, until the insurer has a fund totaling one hundred thousand dollars ($100,000). The reserve shall be maintained in the treasury of the insurer as additional security to holders of title insurance policies or guarantees issued by the insurer. The insurer shall, on or before March 1 of each year, furnish the commissioner a sworn statement, verified by its president and secretary and under its corporate seal, showing that the sum of ten percent (10%) of all the risk rates so received by it during the year ending on December 31 next prior thereto, has been duly set aside and is held by the insurer in the title insurance reserve.
TN Code § 56-35-116 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-116. Deposit and Reserve Funds — Care and Investment

 The deposit required to be kept with the commissioner as the title insurance fund, together with any additions to the fund made as authorized in this chapter, and the title insurance reserve to be held by the insurers, and all unearned premium or risk rate reserves, shall be made and held either in lawful money of the United States, or in any investment authorized by the laws of Tennessee for nonassessment life insurance companies doing business in the state, and shall be safely kept for the benefit and security of all persons insured by the insurer for claims and demands arising out of the title insurance business, and shall be held and considered specially pledged as security for the title claims and demands; provided, that the insurer may change its deposits at any time and from time to time by depositing other securities of the kinds and descriptions in this section authorized to be deposited; and provided further, that the deposit, or change in deposit, shall be subject to the approval of the commissioner.
TN Code § 56-35-117 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-117. Exchange of Information — Consultation and Cooperation — Limitations

 In order to further more equitable establishment and adjustment of rates, including risk rates, or premiums and forms of contracts, policies and guarantees, the commissioner, every insurer and rating organization may exchange information and experience data with each other, and with the insurance supervisory officers and insurers in other states and with national organizations and associations and may consult and cooperate with them in respect to rates, including risk rates, or premiums and forms of contracts, policies and guarantees; and an insurer or rating organization licensed under this chapter may act in concert with each other and with others with respect to any and all matters pertaining to the making of rates, rating plans, or rating systems, or the preparation of forms of policies, contracts, or guarantees of title, underwriting rules, surveys and investigations, or the furnishing of loss and expense statistics or other information and data, or carrying on research.
TN Code § 56-35-118 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-118. Reasonable Competition Not Discouraged

 Nothing in this chapter is intended to prohibit or discourage reasonable competition, or to prohibit or discourage uniformity in insurance rates, including risk rates, or premiums, or practices, or contracts, policies or guarantees of title.
TN Code § 56-35-119 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-119. Rebates Prohibited

  It is unlawful for any applicant for a policy of title insurance, or any person, firm or corporation, on behalf of the applicant, or any other person, firm or corporation whomsoever, to request, receive or obtain from a title insurance agent, or a title insurance company, any commission, discount, rebate, special favor, advantage or inducement, or to engage or participate in any collusion with respect thereto, or for any title insurance company, or agent, to give, grant or rebate any part of a premium for title insurance to any lender, mortgage broker or real estate agent or broker or real estate builder or developer, and no person shall engage in business as a title insurance agent in this state, nor accept or hold a certificate of agency for the chief and primary purpose of securing some special advantage, rebates, commissions or concessions on title insurance written for the person, or some person, firm, corporation or lending institution in which the person is interested, or with which the person is connected or associated, and all of which acts and things are expressly prohibited and forbidden by this chapter.   Nothing in this chapter shall be construed to make unlawful the distribution of profits or dividends to the owner or owners or shareholders of a title insurance company, agency, or agent; provided, that the distribution is made in the ordinary course of business and in accordance with sound accounting principles.
TN Code § 56-35-120 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-120. Attorney-Client Relationship

 Nothing in this chapter shall be construed to affect in any manner the relationship of attorney and client, or the fees paid for services performed by a licensed attorney at law.
TN Code § 56-35-121 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-121. Persons Recommending Insurance

 Nothing in this chapter, or in any other law of this state, shall be construed as preventing or prohibiting any attorney at law, real estate company, firm, broker or salesperson, lending institution, or the officers and employees of any institution, from advocating, recommending or requiring title insurance in any transaction in which they are engaged, nor transmitting to a title insurance agent or title insurance company, qualified in this state, applications for title insurance, arising out of the transactions, together with the charges for transactions, and in so doing no party shall be held to be a title insurer, nor to be engaged in business as a title insurance agent.
TN Code § 56-35-122 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-122. Rules and Regulations

 The commissioner is authorized to make reasonable rules and regulations as are or may be necessary for the administration of this chapter, but no rule or regulation shall take effect until it has been duly filed in the commissioner's office and until and after the expiration of thirty (30) days' written notice to all title insurance companies doing business in the state and after a hearing, if a hearing has been requested in writing by any title insurance company prior to the termination of the thirty-day period.
TN Code § 56-35-123 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-123. Conduct of Hearings

 In the conduct of any hearing, the commissioner, or the commissioner's deputy or duly authorized examiner, specially designated for the purpose, has the power to administer oaths and to examine any person under oath, and in connection therewith, to require the attendance of any person and the production of any books, records or papers relative to the inquiry.
TN Code § 56-35-125 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-125. Cessation of Business — Procedure

 Any title insurance company desiring to retire from business in Tennessee shall furnish the commissioner satisfactory evidence that it no longer has any liability outstanding upon any title insurance policy made by it in the conduct of its business in Tennessee, or that it has reinsured its outstanding policies in a solvent corporation, or corporations authorized to do a title insurance business in Tennessee, and the commissioner shall, thereupon, return to the title insurance company all deposits made by it under this chapter.
TN Code § 56-35-126 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-126. Conflicting Laws — Application

 Title insurance companies and title insurance business shall be governed, regulated and controlled by this chapter to the exclusion of all other laws applicable to insurance companies or insurance business, to the extent that such other laws are in conflict with this chapter.
TN Code § 56-35-127 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-127. Administration of Chapter — Penalties

  The commissioner is charged with the administration of this chapter.   Each violation of this chapter is a Class C misdemeanor.   In addition to the criminal penalties, the commissioner may assess a civil penalty not to exceed five hundred dollars ($500) for each and every violation of any provisions of this chapter, or of any rule or regulation duly promulgated under this chapter.
TN Code § 56-35-128 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-128. Effect of Laws of Other States

 Whenever the laws or regulations of any other state impose upon a title insurance company incorporated by or organized under the laws of this state, or upon any agents of a title insurance company, any taxes, licenses or other fees, in the aggregate, or any fines, penalties, deposit requirements or other material obligations, prohibitions or restrictions, in excess of those imposed by the then existing laws of this state for similar purposes on similar companies of other states doing business in this state then, in every case, all title insurance companies, and all agents of the state, doing business or establishing an agency or agencies in this state, shall in this state be subject to the same fines, penalties, deposit requirements and other material obligations, prohibitions and restrictions, and shall be required to pay in this state the same taxes, licenses, or other fees as are applicable under the laws of the foreign state to Tennessee title insurance companies, or agencies of the Tennessee title insurance companies, doing business in the foreign state.
TN Code § 56-35-129 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-129. Title Search and Examination

 No policy or contract of title insurance shall be issued until and unless the title insurance company has caused to be conducted a reasonable search and examination of the title; provided, that the commissioner shall exercise no supervision and control over, and title insurance companies and title insurance rating organizations shall not file as part of their schedule of rates for title insurance, that part of the charge for title insurance applicable to search and examination in connection with insurance of title to real property located in counties with a population of less than one hundred seventy-five thousand (175,000), according to the 2010 federal census or any subsequent federal census.
TN Code § 56-35-130 (2021)
2021 Tennessee Code|Title 56 - Insurance|Chapter 35 - Title Insurance Law|Part 1 - Operation of Title Insurance Businesses|§ 56-35-130. Accounts and Records

 Every title insurance company, agency and agent shall:   Keep books of account and records and vouchers pertaining to the business of title insurance in such a manner that the commissioner or the commissioner's authorized representative may readily ascertain whether the company, agency or agent has complied with any and all applicable laws and regulations; and   Maintain a separate record of all receipts and disbursements made while handling escrows, settlements and closings in connection with the business of title insurance and shall establish a separate account for the handling of funds received in the course of the transactions.