reglab/housing_qa huggingface dataset:
TN Code § 45-2-711 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 7 - Deposits in Banks|§ 45-2-711. Payment and Negotiation of Check When No Estate Has Been Opened or the Estate Has Been Closed

   Notwithstanding § 30-2-317, where no executor or administrator of a decedent has qualified and given notice of the person's qualifications to the bank, or where the qualified executor or administrator of a decedent has been discharged and a check or checks made payable to the decedent or the decedent's estate is presented to the bank for payment or collection, the bank may, in its discretion, and at any time after ninety (90) days from the death of the deceased, negotiate or send for collection and pay out the proceeds of one (1) or more checks made payable to the decedent or the decedent's estate, whether written or electronic, all sums that do not exceed ten thousand dollars ($10,000) in the aggregate:  To the executor named in any will known to the bank whether probated or not;   To any personal representative appointed by a court whether active or discharged; or   In the absence of knowledge of a purported will naming a surviving executor or an administrator to the:   Surviving spouse; or   Next of kin.       In the case of conflicting claims, the order of priority shall be that set out in subdivision (a)(1).     The receipt of any guardian, administrator or executor, duly appointed or qualified by the courts of this state, or any other state, or of any spouse or next of kin acknowledging the negotiation, payment or transfer of funds of a check, standing in the name of the person whose estate the fiduciary represents, shall be a good and sufficient acquittance for payment or transfer and shall constitute a valid defense in favor of the bank against the demands or claims of all parties.   The negotiation or payment of a check under this section without an endorsement of the payee or with the endorsement of a person authorized by this section to negotiate the check shall not be a violation of or give rise to any claim under title 47, chapter 3 or 4.   No bank shall be liable for damages, penalty or tax by reason of any payment made pursuant to this section.
TN Code § 45-2-712 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 7 - Deposits in Banks|§ 45-2-712. Acknowledgement or Affidavit — Guarantee

  A bank shall require any persons seeking to cash checks payable to a decedent as provided in § 45-2-711 to deliver to the bank an affidavit, given under the penalty of perjury, in a form acceptable to the bank that, at the minimum, contains the following:  The name of the decedent;   The decedent's date of death;   The amount and payor of any checks, if the funds are from checks or electronic payments;   The identity of the creditor or creditors to whom the funds are to be paid, if the funds are to be paid directly to a creditor of the decedent or the decedent's estate; and   If the funds are to be paid other than to a creditor of the decedent or the decedent's estate, the affiant shall:  Identify the decedent's surviving spouse and heirs at law, and provide their residence addresses; and   Affirmatively state that:   There are no unpaid creditors of the decedent;   There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and   The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent's heirs at law.         A bank may, in its discretion, require any persons seeking to collect monies from a deceased depositor's account or accounts, as provided in § 45-2-708, to deliver to the bank an affidavit, given under penalty of perjury in a form acceptable to the bank as provided in subsection (a).   A bank may require any person who obtains funds from a deposit account pursuant to § 45-2-708 or to negotiate checks pursuant to § 45-2-711 to provide an indemnity and guarantee to the bank in the amount of the funds obtained.
TN Code § 45-2-801 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 8 - Deposit Insurance|§ 45-2-801. Membership in Federal Deposit Insurance Corporation Authorized

 Any state bank is empowered, on the authority of its board of directors or the majority of the board, and with the approval of the commissioner, to enter into contracts, incur obligations and generally to do and perform any and all acts and things whatsoever necessary or appropriate in order to take advantage of any and all memberships, loans, subscriptions, contracts, grants, rights or privileges that may at any time be available or inure to banking institutions or to their depositors, creditors, stockholders, conservators, receivers or liquidators, by virtue of those provisions of § 8 the Federal Banking Act of 1933, § 12B of the Federal Reserve Act, which established the federal deposit insurance corporation, and in order to provide for the insurance of deposits or to take advantage of any other provisions of that or any other act or resolution of congress to aid, regulate or safeguard banking institutions or their depositors, including any amendments or substitutions; and to subscribe for and acquire any stock debentures or other types of insurance of the federal deposit insurance corporation and to comply with all lawful regulations and requirements from time to time issued or made by that corporation.
TN Code § 45-2-802 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 8 - Deposit Insurance|§ 45-2-802. Appointment of Federal Deposit Insurance Corporation as Receiver of State Bank — Powers and Duties

  The federal deposit insurance corporation may be appointed receiver of any state bank, the deposits in which are to any extent insured by that corporation and that has been closed on account of inability to meet the demands of its depositors, or otherwise by the law of Tennessee.   The commissioner, after taking possession of a state bank, shall have the right to appoint the federal deposit insurance corporation as receiver.   Upon acceptance of the appointment as receiver, the federal deposit insurance corporation shall not be required to post bond or security.   If the corporation accepts the appointment, it shall have and possess all of the duties, powers, and privileges provided by the laws of this state with respect to receivers of closed banks, except insofar as the duties, powers, and privileges are in conflict with the Federal Deposit Insurance Act. In addition, the federal deposit insurance corporation as receiver shall have the right to make an emergency sale of assets of a closed bank, as provided in part 15 of this chapter.
TN Code § 45-2-803 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 8 - Deposit Insurance|§ 45-2-803. Subrogation Rights of Federal Deposit Insurance Corporation on Payment of Insured Deposits

 Whenever any state bank is closed and the federal deposit insurance corporation has paid or made available for payment the insured deposit liabilities of the closed institution, the corporation, regardless of whether it has become liquidating agent, shall be and become subrogated to all rights against the closed bank of the owners of the deposits in the same manner and to the same extent as subrogation of the corporation is provided for in subsection (1) of § 12B of the Federal Reserve Act, § 8 of the Banking Act of 1933, in the case of the closing of a national bank, and shall be generally subrogated to all rights of the depositors as provided by the laws of Tennessee; provided, that the rights of depositors and other creditors of the closed institution shall be determined in accordance with the applicable provisions of the laws of this state.
TN Code § 45-2-804 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 8 - Deposit Insurance|§ 45-2-804. Commissioner to Furnish Deposit Insurance Corporation Copies of Examinations and Other Information

 The commissioner may furnish to the corporation, or to any official or examiner of the corporation, a copy or copies of any or all examinations made of the bank, and of any or all reports made by same, and shall give access and disclose to the corporation, or any official or examiner of the corporation, any and all information possessed by the office of the commissioner with reference to the conditions or affairs to the insured institution.
TN Code § 45-2-805 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 8 - Deposit Insurance|§ 45-2-805. Loans to Closed Banks — Security — Sale of Assets

  With respect to any bank that is now or may hereafter be closed on account of inability to meet the demands of its depositors, or by action of the commissioner or of a court, or by action of its directors, or in the event of its insolvency or suspension, the commissioner and/or the receiver or liquidator of the institution, with the permission of the commissioner, may borrow from the federal deposit insurance corporation and pledge or mortgage any part or all of the assets of the institution to the corporation as security for a loan by it; provided, that where the corporation is acting as the receiver or liquidator, the order of a court of record of competent jurisdiction shall be obtained first approving the loan. The commissioner, upon the order of a court of record of competent jurisdiction, and upon a like order and with the permission of the commissioner, the receiver or liquidator of the institution may sell to the corporation any part or all of the assets of the institution.   This section shall not be construed to limit the power of any bank, the commissioner or receivers or liquidators to pledge or sell assets in accordance with any existing law.
TN Code § 45-2-806 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 8 - Deposit Insurance|§ 45-2-806. Depositories of Public Funds Exempt From Security Requirements to Extent of Deposit Insurance

 Notwithstanding any provisions of the existing laws of this state that may require security for the deposit of the public funds of the state or of any political subdivision of the state or of any municipality created under the laws of the state, in the form of a surety bond, deposit of collateral or otherwise, hereafter no bank receiving the deposits shall be required to furnish any security for the deposits, to the extent that the deposits are now insured under § 8 of the Banking Act of 1933 (12 U.S.C. §§ 1811 et seq.).
TN Code § 45-2-901 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 9 - Safe Deposit and Safekeeping|§ 45-2-901. Part Definitions

 As used in this part, unless the context otherwise requires:   “Agent” means any person duly authorized in writing by a lessee to enter a safe deposit box rented by the lessee, whether the person be denominated as “agent,” “deputy,” “attorney-in-fact,” or otherwise. The agent's authority shall be established and shall continue until revoked, both in accordance with § 45-2-707;   “Fiduciary” means trustee, agent, executor, administrator, committee, guardian or conservator for a minor or other incompetent person, receiver, trustee in bankruptcy, assignee for creditors or any holders of a similar position of trust;   “Lessee” means a person contracting with a lessor for the use of a safe deposit box;   “Lessor” means a bank or subsidiary corporation of a bank renting safe deposit facilities, and includes a safe deposit company organized and operating under the jurisdiction of the department solely for the purpose of leasing safe deposit facilities; and   “Safe deposit box” means a safe deposit box, vault, or other safe deposit receptacle maintained by a lessor and the rules relating thereto apply to property or documents kept in safekeeping in the bank's vault.
TN Code § 45-2-902 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 9 - Safe Deposit and Safekeeping|§ 45-2-902. Authority to Engage in Leasing Safe Deposit Facilities — Liability of Lessor

 Any bank has the right to construct a vault on its real estate, or on premises leased by it, or to rent any vault that, in the judgment of the directors, will provide reasonable means of safety against loss by theft, fire or other cause, in which vault may be placed safes, boxes, or receptacles, for the keeping of jewelry, diamonds, gold, bank notes, bonds, notes, and other valuables, and that may be rented by the bank to other persons on the terms agreed to by the parties, but it is understood that in no event shall the bank be liable for any loss of the jewelry, diamonds, gold, bank notes, bonds, notes, or other valuables by theft, robbery, fire, or other cause, the bank not being the insurer of the safety of the property, nor in any manner liable for the safety of the property. The bank is not required to take any note of property thus deposited, as the person who rents a safe, box, or receptacle is, for the term of the lease, the owner thereof.
TN Code § 45-2-903 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 9 - Safe Deposit and Safekeeping|§ 45-2-903. Access by Fiduciaries

  Where a safe deposit box is made available by a lessor to one (1) or more fiduciaries, the lessor may, except as otherwise expressly provided in the lease or the writings pursuant to which the fiduciaries are acting, allow access thereto to any one (1) or more of the fiduciaries or to any agent authorized in writing by any one (1) or more of the fiduciaries.   The lessee, the lessee's estate or any successor fiduciary is bound by any dealings between the agent and the lessor pursuant to a power granting the agent access to a safe deposit box until the lessor has written notice of revocation of that power.
TN Code § 45-2-904 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 9 - Safe Deposit and Safekeeping|§ 45-2-904. Lease to Minor

 A bank may lease a safe deposit box to and in connection therewith deal with a minor with the same effect as if leasing to and dealing with a person of full legal capacity.
TN Code § 45-2-906 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 9 - Safe Deposit and Safekeeping|§ 45-2-906. Adverse Claims to Contents of Safe Deposit Box

  An adverse claim to the contents of a safe deposit box, or to property held in safekeeping, is not sufficient to require the lessor to deny access to its lessee unless:  The lessor is directed to do so by order of a court of competent jurisdiction; or   The safe deposit box is leased or the property is held in the name of the lessee with the addition of words indicating that the contents or property are held in a fiduciary capacity, and the adverse claim is supported by a written statement of facts disclosing that it is made by or on behalf of a beneficiary and that there is reason to know that the fiduciary will misappropriate the trust property.     A claim is also an adverse claim where one (1) of several lessees claims, contrary to the terms of the lease, an exclusive right of access, or where one (1) or more persons claim a right of access as agents or officers of a lessee to the exclusion of others as agents or officers, or where it is claimed that a lessee is the same person as one using another name.
TN Code § 45-2-1001 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 10 - Fiduciary Powers|§ 45-2-1001. Company Authorized to Act as Fiduciary

 No company shall act as a fiduciary in this state except:   No company shall engage in an unauthorized trust activity. No company shall be deemed to be subject to this chapter and chapter 1 of this title, regulating fiduciary activities to the extent that the company's activities are permitted by existing statutory authority or are customarily performed as a traditional incident to the company's regular business activities.
TN Code § 45-2-1002 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 10 - Fiduciary Powers|§ 45-2-1002. Fiduciary Powers

  Unless otherwise expressly provided by statute, a bank acting as a fiduciary shall have, alone or with others, all of the rights, powers, privileges and immunities, and be subject to the same liabilities and duties as an individual fiduciary under like circumstances. The fiduciary powers include, but are not limited to, the power to act as:  Fiduciary as defined in § 35-2-102;   Custodian of property;   Agent or attorney-in-fact;   Registrar or transfer agent of securities;   Fiscal agent or any political entity, public body, corporation, unincorporated association or individual;   Investment advisor;   Insurer of titles to, mortgages on, and other interests in any real estate; and   Guarantor of the payment of bonds owned by other persons.     A bank acting as fiduciary shall have the same investment powers as an individual fiduciary under like circumstances and other investment powers that are provided by law. In exercising the powers, a bank shall, unless otherwise authorized by law or by the instrument creating the relationship, exercise the judgment and care, under the circumstances then prevailing, or as related to the specific purposes for which the fiduciary relationship was created, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs under like circumstances. Within the limitation of the foregoing standard, a bank, as fiduciary, is authorized to acquire and retain interests in every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate and governmental obligations, insurance policies, stocks, rights, warrants, and securities of any open or closed-end management fund that persons of prudence, discretion, and intelligence acquire for their own account; and within the limitations of the same foregoing standard, the bank may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.   A bank, acting as fiduciary in any capacity for which an annual or periodic court accounting is required, shall not be required to exhibit to the court or the clerk thereof the originals or copies of receipts and cancelled checks for disbursements or distributions made by the fiduciary to support the accounting; provided, that the accounting consists of the bank's computer prepared statements showing all income and principal transactions for the accounting period, but the court may require that receipts and cancelled checks be exhibited for the final distribution of assets on termination or transfer of the account to a successor.
TN Code § 45-2-1004 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 10 - Fiduciary Powers|§ 45-2-1004. Investment in Undivided Interest in Property

  A bank may, subject to the limitations of this section, create undivided interests in property of any nature for the purpose of sale from time to time to accounts held by the bank in any fiduciary capacity. The bank may retain a portion of the undivided interests for its own account if the property is one that it would be authorized to acquire pursuant to this chapter wholly for its own account.   The limitations on the undivided interest shall be:  The interest shall be one that:  The bank would be authorized to acquire pursuant to this chapter and chapter 1 of this title wholly for its own account, and, in the absence of broader investment powers under the terms upon which it was designated as fiduciary, would also be authorized to acquire as a legal investment for funds held by fiduciaries; or   The bank would be authorized to acquire as an investment by the terms upon which it was designated as fiduciary of each account in which it acquires an undivided interest;     Interests not retained by the bank may be sold only to a fiduciary account.     The bank shall exercise all rights of ownership in respect of an interest in which undivided interests have been sold pursuant to this section, and in respect of any property acquired by foreclosure or otherwise in connection with the interest, in its own name but for the benefit of itself and all other owners of the undivided interests in the property.   The bank shall at all times maintain records of all undivided interests created pursuant to this section showing the extent of the undivided interest of each owner of the interest.   The bank may issue a certificate evidencing each undivided interest created pursuant to this section, keep records showing the holders of the certificates, provide for transfer of a certificate by the registered holder of the certificate upon surrender of the certificate and deal with the registered holder of a certificate as the owner of the undivided interest represented by the certificate. Each certificate shall contain a summary of the rights of an owner of the undivided interest represented thereby and expressly disclaim any guarantee by the bank of payment of any amount.
TN Code § 45-2-1005 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 10 - Fiduciary Powers|§ 45-2-1005. Fiduciary Bond or Oath Excused

 No oath or bond shall be required of a bank to qualify upon appointment as a fiduciary, unless the instrument creating a fiduciary position expressly provides otherwise.
TN Code § 45-2-1006 (2021)
2021 Tennessee Code|Title 45 - Banks and Financial Institutions|Chapter 2 - Banking Institutions|Part 10 - Fiduciary Powers|§ 45-2-1006. Deposit of Securities in Federal Reserve Bank When Acting as Fiduciary Authorized

   Any bank or trust company, when acting as a fiduciary, or when holding securities as custodian for a fiduciary, is authorized to deposit, or arrange for the deposit of, with the federal reserve bank in its district, any securities, the principal of and interest on which the United States, or any department, agency or instrumentality thereof, has agreed to pay, has guaranteed to pay, or has guaranteed payment in the manner so as to be credited to one (1) or more accounts on the books of the federal reserve bank in the name of the bank or trust company, to be designated fiduciary or safekeeping accounts.   The bank or trust company so depositing securities with the federal reserve bank shall be subject to the rules and regulations with respect to the making and maintenance of the deposits that, in the case of state chartered institutions, the commissioner, and, in the case of national banking associations, the comptroller of the currency, may from time to time issue.   The records of the bank or trust company shall at all times show the ownership of the securities held in the account.   Ownership of, and other interest in, the securities credited to the account may be transferred by entries on the books of the federal reserve bank without physical delivery of any securities.   A bank or trust company acting as a custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by the bank or trust company with the federal reserve bank for the account of the fiduciary.   A fiduciary shall, on demand by any party to its accounting or on demand by the attorney for the party, certify in writing to the party the securities deposited by the fiduciary with the federal reserve bank for its account as the fiduciary.     This section shall apply to all fiduciaries and custodians for fiduciaries, acting on May 3, 1973, or who thereafter may act, regardless of the date of the instrument or court order by which they are appointed.