reglab/housing_qa huggingface dataset:
TN Code § 45-17-102 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-102. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Check” means any payment instrument, including any customer authorization for electronic payment;   “Commissioner” means the commissioner of financial institutions or the commissioner's designated representative;   “Deferred presentment services” means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:  Accepting a check dated on the date it was written; and   Holding the check for a period of time prior to presentment for payment or deposit;     “Department” means the department of financial institutions;   “Licensee” means a person licensed to provide deferred presentment services pursuant to this chapter;   “Payment instrument”:  Means a check, draft, warrant, money order, traveler's check or other instrument for payment of money, whether or not negotiable, and also includes any authorization for electronic payment of money; and   Does not include an instrument that is redeemable by the issuer in merchandise or service, a credit card voucher, or a letter of credit; and     “Person” means an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity.
TN Code § 45-17-103 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-103. License Requirement

  No person shall engage in the business of deferred presentment services in this state through the use of the internet, facsimile, telephone, or other means without having first obtained a license. A person shall be deemed to be engaged in the business of deferred presentment services in this state, if the person induces a consumer, while located in this state, to enter into a deferred presentment services transaction in this state. A separate license shall be required for each location from which the business of deferred presentment services is conducted.   Any nonresident person, seeking a license under this chapter, shall furnish the commissioner with the name and address of a resident of this state upon whom notices or orders issued by the commissioner, or process affecting a licensee under this chapter, may be served. Such nonresident licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and such change shall not become effective until approved by the commissioner.
TN Code § 45-17-104 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-104. Qualifications for License

  To qualify for a license, an applicant shall satisfy the following requirements:  The applicant shall have a minimum net worth determined in accordance with generally accepted accounting principles of at least twenty-five thousand dollars ($25,000) available for the operation of each location; and   The financial responsibility, financial condition, business experience, character, and general fitness of the applicant shall reasonably warrant the belief that the applicant's business will be conducted lawfully and fairly. In determining whether this qualification has been met, and for the purpose of investigating compliance with this chapter, the commissioner may review and approve:  The relevant business records and the capital adequacy of the applicant;   The competence, experience, integrity and financial ability of any person who is a director, officer, or ten percent (10%) or more shareholder of the applicant or owns or controls the applicant; and   Any record, on the part of the applicant, or any person referred to in subdivision (a)(2)(B), of any criminal activity, any fraud or other act of personal dishonesty, any act, omission or practice that constitutes a breach of a fiduciary duty or any suspension, removal or administrative action by any agency or department of the United States or any state, from participation in the conduct of any business.       The requirements set forth in subdivisions (a)(1) and (2) are continuing in nature.
TN Code § 45-17-105 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-105. Application for License

 Each application for a license shall be in writing and under oath to the commissioner, in a form prescribed by the commissioner, and shall include the following:   The legal name, residence and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, managing employee and director thereof;   The location at which the registered agent of the applicant shall be located; provided, that “registered agent of the applicant” includes a person designated by the applicant for accepting notices or orders by the commissioner, or process affecting the applicant, pursuant to § 45-17-103; and   Other data and information the commissioner may require with respect to the applicant, its directors, trustees, officers, members, managing employees or agents.
TN Code § 45-17-106 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-106. Filing Fees — Financial Statements

  Each application for a license shall be accompanied by:  A nonrefundable supervision fee, as provided in § 45-1-118(i); and   A balance sheet and income statement for the immediately preceding fiscal year end, prepared in accordance with generally accepted accounting principles by a certified public accountant or public accounting firm. For a newly created entity, the commissioner may accept a balance sheet only, accompanied by a projected income statement demonstrating that the licensee will have adequate capital after payment of start-up costs.     The supervision fee set forth in subdivision (a)(1) shall be applicable to each location.
TN Code § 45-17-107 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-107. Investigation — Issuance of License — Posting

  Upon the filing of an application in a form prescribed by the commissioner, accompanied by the fee and documents required in § 45-17-106, the commissioner shall investigate to ascertain whether the qualifications prescribed by § 45-17-104 have been satisfied. If the commissioner finds that the qualifications have been satisfied, and approves the documents, the commissioner shall issue to the applicant a license to engage in the deferred presentment services business in Tennessee.   The license shall be kept conspicuously posted in the place of business of the licensee.   A license issued pursuant to this section shall remain in force and effective through the remainder of the year ending December 31 after its date of issuance unless earlier surrendered, suspended or revoked pursuant to this chapter.
TN Code § 45-17-108 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-108. Nontransferability — Change in Control of License

  A license issued pursuant to this chapter is not transferable or assignable.   The prior written approval of the commissioner is required for the continued operation of a deferred presentment services business whenever a change in control of a licensee is proposed. “Control,” in the case of a corporation, means direct or indirect ownership, or the right to control, twenty-five percent (25%) or more of the voting shares of the corporation, or the ability of a person to elect a majority of the directors or otherwise effect a change in policy. “Control,” in the case of any other entity, means the ability to change the principals of the organization, whether active or passive. The commissioner may require information deemed necessary to determine whether a new application is required. Costs incurred by the commissioner in investigating a change of control request shall be paid by the person requesting approval, subject to the limitations set forth in § 45-17-111.   A licensee shall notify the department five (5) days before any change in the licensee's principal place of business, branch office or name.
TN Code § 45-17-109 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-109. Reports to Commissioner

 Within fifteen (15) days of the occurrence of any one (1) of the events listed in subdivisions (1)-(6), a licensee shall file a written report with the commissioner describing the event and its expected impact on the activities of the licensee in this state:   The filing for bankruptcy or reorganization by the licensee;   The institution of revocation or suspension proceedings against the licensee by any state or governmental authority;   The denial of the opportunity to engage in the deferred presentment services business by any state or governmental authority;   Any felony indictment of the licensee or any of its directors, officers or principals;   Any felony conviction of the licensee or any of its directors, officers or principals; and   Other events that the commissioner may determine and identify by rule.
TN Code § 45-17-110 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-110. Expiration of License

  Licenses issued pursuant to this chapter shall expire on December 31. A license may be renewed for the ensuing twelve-month period upon application by the license holder showing continued compliance with the requirements of § 45-17-104 and the payment to the commissioner annually, between November 1 and December 31, of the nonrefundable supervision fee, as provided in § 45-1-118(i). A licensee making timely and complete application and payment for renewal of its license shall be permitted to continue to operate under its existing license until its application is approved or denied.   Licenses issued or renewed under the former provisions of this chapter with an expiration date of September 30, 2012, shall instead expire on December 31, 2012.   The commissioner may establish a biennial license arrangement for the filing of the application for licensure renewal, but in no case shall the supervision fee be payable for more than one (1) year at a time.
TN Code § 45-17-111 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-111. Regulations — Examinations — Payment of Expenses

  The commissioner may promulgate reasonable regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the enforcement of this chapter. A copy of any rule or regulation adopted by the commissioner shall be mailed to the principal place of business of each license holder at least thirty (30) days before the date it takes effect.   To assure compliance with this chapter, the commissioner may examine the relevant business, books and records of any licensee. Further, for the purpose of discovering violations of this chapter and determining whether persons are subject to this chapter, the commissioner may examine or investigate persons licensed under this chapter and persons reasonably suspected by the commissioner of conducting business that requires a license under this chapter, by exercising authority that includes, but is not limited to, the power to summon witnesses and examine them under oath, and to compel the production of books and records that may be relevant to the examination or investigation.   A licensee that is examined or investigated from July 1, 2015, through December 31, 2015, shall pay to the commissioner the reasonable and actual expenses of the investigation or examination. After December 31, 2015, the costs for an examination or investigation of licensees shall be assessed pursuant to § 45-1-118(i). An unlicensed person subject to the licensing requirements of this chapter, that is examined or investigated in accordance with this chapter, shall pay to the commissioner the reasonable and actual expenses of the investigation or examination.
TN Code § 45-17-113 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-113. Denial of License — Hearing

  If the commissioner determines that an applicant is not qualified to receive a license, the commissioner shall notify the applicant in writing that the application has been denied, stating the basis for denial.   If the commissioner denies an application, or if the commissioner fails to act on an application within ninety (90) days after the filing of a properly completed application, the applicant may make written demand to the commissioner for a hearing before the commissioner on the question of whether the license should be granted.   Any hearing on the denial of a license shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In the hearing, the burden of proving that the applicant is entitled to a license shall be on the applicant. A decision of the commissioner following any hearing on the denial of a license is subject to review under the Uniform Administrative Procedures Act.
TN Code § 45-17-114 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-114. Suspension or Revocation of Licenses

  The commissioner may, after notice and hearing, suspend or revoke any license if the commissioner finds that the licensee has knowingly or through lack of due care:  Failed to pay any fees or assessments imposed by the commissioner under this chapter;   Has committed any fraud, engaged in any dishonest activities or made any misrepresentations;   Has violated any provisions of this chapter or any administrative regulation issued pursuant to this chapter or has violated any other law in the course of the licensee's dealings as a licensee;   Has made a false statement in the application for the license or failed to give a true reply to a question in the application; or   Has demonstrated incompetency or untrustworthiness to act as a licensee.     If the reason for revocation or suspension of a licensee's license at any one (1) location is of general application to all locations operated by a licensee, the commissioner may revoke or suspend all licenses issued to a licensee.   A hearing shall be held on written notice given at least twenty (20) days prior to the date of the hearing and shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 45-17-115 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-115. Violations — Cease and Desist Orders — Penalties

 If, after notice and opportunity for a hearing, the commissioner finds that a person has violated this chapter, or any administrative regulation issued pursuant thereto, the commissioner may:   Order the person to cease and desist violating the chapter or any administrative rules issued pursuant thereto;   Require the refund of any fees collected by the person in violation of this chapter; and/or   Order the person to pay to the commissioner a civil penalty of not more than one thousand dollars ($1,000) for each transaction in violation of this chapter or each day that a violation has occurred and continues.
TN Code § 45-17-116 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-116. Consent Orders

  The commissioner may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued, or a duly authorized representative, and shall indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter, or any rule, regulation or order promulgated or issued under this chapter has been violated, nor need it constitute a finding by the commissioner that the person has violated any provision of this chapter or any rule, regulation or order promulgated or issued under this chapter.   Notwithstanding the issuance of a consent order, the commissioner may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order.   In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any enforcement action authorized by this chapter without providing the opportunity for a prior hearing, but shall promptly afford a subsequent hearing upon an application to rescind the action taken that is filed with the commissioner within twenty (20) days after receipt of the notice of the commissioner's emergency action.
TN Code § 45-17-117 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-117. Written Complaint — Investigation — Subpoenas

  Any person aggrieved by the conduct of a licensee under this chapter in connection with the licensee's regulated activities may file a written complaint with the commissioner who may investigate the complaint.   In the course of the investigation of the complaint, the commissioner may:  Subpoena witnesses;   Administer oaths;   Examine any individual under oath; and   Compel the production of records, books, papers, contracts or other documents relevant to the investigation.     If any person fails to comply with a subpoena of the commissioner under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the commissioner may petition any court of competent jurisdiction for enforcement.   The license of any licensee under this chapter who fails to comply with a subpoena of the commissioner may be suspended pending compliance with the subpoena.   The commissioner shall have exclusive administrative power to investigate and enforce any and all complaints filed by any person that are not criminal in nature, which complaint relates to the business of deferred presentment services.
TN Code § 45-17-118 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-118. Construction With Other Statutes

 The business of deferred presentment services conducted in accordance with this chapter shall not be subject to or controlled by any other statute governing the imposition of interest, fees or loan charges, including but not limited to, § 47-14-104. A licensee shall not have the powers enumerated in this chapter without first complying with the law regulating the particular transaction involved, but licensees legally exercising any of the powers set forth in this chapter shall not be deemed in violation of §§ 47-9-610, 47-14-112, 47-14-115 and 47-14-117.
TN Code § 45-17-119 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-119. Annual Reports

  Each licensee shall file an annual report with the commissioner between November 1 and December 31 of each year, containing the following information:  The names and addresses of persons owning controlling interest in each licensee;   The location of all places of business operated by the licensee and the nature of the business conducted at each location;   The names and addresses of all affiliated entities regulated under this title, doing business in this state;   Balance sheets, statements of income and expense, and other statistical information that may be reasonably required by the commissioner, consistent with generally accepted accounting practices, for the purpose of determining the general results of operations under this chapter; and   If the licensee is a corporation, the names and addresses of its officers and directors, or if the licensee is a partnership, the names and addresses of the partners, or if the licensee is a limited liability company, the names and addresses of the board of governors of the limited liability company.     If the licensee holds two (2) or more licenses or is affiliated with other licensees, a composite report may be filed, but may not be required.   The reports shall be filed in a form that may reasonably be required by the commissioner and shall be sworn to by a responsible officer of the licensee.   The information submitted by licensees pursuant to this section shall be afforded the same degree of confidentiality by the department and the commissioner as is applicable to reports filed by industrial loan and thrift companies pursuant to § 45-5-503.   The commissioner shall prepare and submit to the governor and general assembly, annually, an analysis and recapitulation of the reports for the preceding calendar year for the purpose of reflecting the general results of operations under this chapter.
TN Code § 45-17-120 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 17 - Deferred Presentment Services|§ 45-17-120. Commissioner's Authority to Require Licensing Through a Multi-State Automated Licensing System

  In addition to any other powers conferred upon the commissioner by law, the commissioner is authorized to require persons subject to this chapter to be licensed through a multi-state automated licensing system. Pursuant to this authority, the commissioner may:  Promulgate whatever rules and regulations are reasonably necessary for participation in, transition to or operation of a multi-state automated licensing system;   Establish relationships or enter into agreements that are reasonably necessary for participation in, transition to or operation of a multi-state automated licensing system. The agreements may include, but are not limited to, operating agreements, information sharing agreements, interstate cooperative agreements and technology licensing agreements;   Require that applications for licensing under this chapter and renewals of such licenses be filed with a multi-state automated licensing system;   Require that any fees required to be paid under this chapter be paid through a multi-state automated licensing system;   Establish deadlines for transitioning licensees to a multi-state automated licensing system. The commissioner has the authority to deny any applications or renewal applications not filed with a multi-state automated licensing system after such deadlines have passed, notwithstanding any dates established elsewhere in this chapter; provided, however, that the commissioner shall provide reasonable notice of any transition deadlines to licensees; and   Take such further actions as are reasonably necessary to give effect to this section.     Nothing in this section shall authorize the commissioner to require a person who is not subject to this chapter to submit information to, or to participate in, a multi-state automated licensing system that is operated or participated in pursuant to this chapter.   Notwithstanding any other provision of this section, the commissioner retains full authority and discretion to license persons under this chapter and to enforce this chapter to its fullest extent. Nothing in this section shall be deemed to be a reduction or derogation of that authority and discretion.   Applicants for and holders of licenses issued under this chapter shall pay all costs associated with submitting an application to or transitioning a license to a multi-state automated licensing system, as well as all costs required by a multi-state automated licensing system for maintaining and renewing any license issued by the commissioner on a multi-state automated licensing system.