reglab/housing_qa huggingface dataset:
TN Code § 46-1-303 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-303. Duties and Authority of Commissioner

  It is the duty of the commissioner or the commissioner's duly authorized representatives to examine the annual reports made by the cemetery companies and the annual reports made by the trustees, which shall be filed and carefully preserved as a part of the permanent records of the office. The commissioner or the commissioner's duly authorized representatives shall audit and examine the books, bank records, cash receipts and any other documents employed in preparing the annual reports of each cemetery company and trustee once every two (2) years. The commissioner or the commissioner's duly authorized representatives are authorized to audit and examine the books, bank records, cash receipts and any other documents employed in preparing the annual reports of each cemetery company and trustee more frequently than once every two (2) years whenever it appears to the commissioner that the cemetery company or trustee has failed to comply with any provisions contained in this chapter. Whenever it appears to the commissioner that any cemetery company has failed to comply with any provision contained in this chapter, the commissioner is authorized to examine the cemetery company, including all books, bank records, cash receipts and any other documents employed in the transaction of the cemetery company's business for the purpose of discovering violations of this chapter.   The necessary expense of any examination made pursuant to this section shall be paid by the cemetery company at a rate set by the commissioner.   The commissioner is further authorized, upon the finding of any irregularity or violation of this chapter to allow, at the commissioner's discretion, a reasonable time for the irregularity or violation to be corrected or to enforce compliance with this chapter through the chancery courts or other courts of the state having jurisdiction.   In the event of an audit of a cemetery company authorized by subsection (a), § 46-1-207, § 46-1-214(f), or § 46-1-306, the commissioner or the commissioner's duly authorized representatives shall provide the cemetery company with the following:  A nonbinding, written exit report containing the initial findings of the audit no more than fourteen (14) days after the conclusion of the field audit on the premises of the cemetery; and   A final written report or a results of examination letter detailing the official findings of the audit no more than sixty (60) days after the conclusion of the audit.     Nothing in this section shall invalidate or in any way lessen any finding of an audit that is not issued within the timeframes described in subsection (d).
TN Code § 46-1-304 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-304. Standard of Cemetery Care — Enforcement — Penalty for Failure to Maintain Improvement Care Fund

  As to matters within its reasonable control, a cemetery company shall maintain its cemeteries so as to reflect respect for the memory of the dead in keeping with the reasonable sensibilities of survivors of those whose remains are interred in the cemeteries.    The district attorney general in whose district a cemetery is situated may bring an action in chancery court to remedy any violation of this section on the petition of five percent (5%) of, or ten (10), lot owners and next of kin of lot owners, whichever is fewer; provided, that only one (1) survivor shall be qualified as a petitioner on account of kinship with one (1) deceased person.   Upon finding that the cemetery is not being consistently maintained as provided in this section, the court shall appoint one (1) or more of the petitioners to perform the maintenance that the court finds to have been neglected and assess the costs of the maintenance to the cemetery company.   After compliance with this section has been achieved, the court shall discharge the appointed petitioner or petitioners; provided, that the cemetery company agrees to provide an appropriate level of maintenance henceforth.   If the trustee of the improvement care trust fund for the benefit of the cemetery has been made a defendant in the action, the court may order the trustee to disburse the net income from the trust to the court or the appointed petitioner or petitioners, and allocate the income to the cost of the maintenance approved by the court.     The officers and directors of a cemetery company commit a Class E felony if they fail to set up and maintain the improvement care trust fund provided in § 46-1-204. They may all be jointly indicted in the same indictment. In addition, they shall be jointly liable at the suit of a lot owner, or descendant or next of kin of a lot owner, for the difference between the amount of the improvement care trust fund as set up by the company and what it should be if set up under the terms of § 46-1-204, plus interest from the date the fund should have been set up. Any recovery under this section or § 46-1-205 shall be for the use of the company and shall be paid into the improvement care trust fund, so as to bring it up to the required amount.
TN Code § 46-1-305 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-305. Attorney's Fees

 In addition to the liabilities declared in § 46-1-304, the suitor who brings suit and recovers from a stockholder, director or officer of a company shall also recover reasonable attorney's fees, the amount of which shall be fixed and adjudged by the court before whom the case is tried.
TN Code § 46-1-307 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-307. Violations — Penalties — Enforcement

  Any cemetery company or seller who, having received any moneys under or in connection with a pre-need sales contract for cemetery merchandise and services, fails to deposit or keep on deposit the moneys as required in this chapter, or who fails to substantially perform the contract described in this chapter, commits a Class E felony.   In addition to other remedies, the commissioner may, upon determining that any deficiency exists in any trust account required under this chapter, order the liquidation of the deficiency upon the terms and conditions that the commissioner determines to be appropriate. If the deficiency has not been liquidated as ordered, the commissioner may bring an action in chancery court to recover the amount of the trust deficiency. Upon finding that a deficiency exists, the court may appoint a receiver to operate the cemetery or, if necessary, order the seizure and sale of the assets of the cemetery company, to the end that the trust be made whole. The court may also award reasonable attorney's fees for the attorney representing the commissioner in an action brought under this section; provided, that the commissioner may not impose any penalty or bring any action against any person, firm or corporation that purchased a cemetery prior to July 1, 1986, with respect to a deficiency in any trust account required under this chapter related to transactions that occurred prior to July 1, 1986.
TN Code § 46-1-308 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-308. Fraud as to Pre-Need Sales Contract

 In civil actions in which the prevailing party proves fraud relative to a pre-need sales contract for cemetery merchandise and services under this chapter, the prevailing party shall receive treble damages, together with attorney's fees, costs, and interest.
TN Code § 46-1-309 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-309. Revocation of Charter or Certificate of Authority

 Failure to comply with § 46-1-204 or § 46-1-215 shall constitute grounds for the state to revoke the charter or certificate of authority of a corporate cemetery company. The revocation proceeding may be filed in the chancery court of the county where the cemetery is located, and may be brought on relation of the state or district attorney general. The court hearing the proceeding may order the seizure and sale of the cemetery company's assets to the extent necessary to set up the improvement care trust fund as required. If the court revokes the charter or certificate of authority, it may order the sale of the whole company property after the improvement care trust fund has been set up, so that the purchaser of the cemetery may continue to operate and maintain it under the terms of this chapter. The court may also award reasonable attorney's fees for the attorney representing the state in a proceeding brought under this section.
TN Code § 46-1-310 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-310. Action by State for Recovery of Illegally Paid Dividends

  The state is authorized to recover from stockholders, for the use of the company, dividends illegally paid under § 46-1-205.   The state is also authorized to recover from the officers and directors of the company and the cemetery operators, at any time, for the use of the company, an amount sufficient to bring the improvement care trust fund up to the amount required, together with reasonable attorney's fees for the attorney handling the suit, to be fixed and adjudged by the court trying the case.
TN Code § 46-1-311 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-311. Deficiency in Improvement Care Fund — Failure to File Reports — Effect — Orders

  The commissioner may, upon determining that a deficiency exists in the improvement care fund or that a cemetery company has willfully failed to file annual reports, as provided in § 46-1-302, of any cemetery or separate geographical site of a cemetery as required by this chapter, order the correction of the deficiency or failure to file, upon the terms and conditions that the commissioner determines to be appropriate.   While the owner or operator of the cemetery or separate geographical location is in compliance with the terms and conditions of the order, the provisions of § 46-1-205 relative to the payment of dividends, salaries or compensation shall be suspended.    Upon failure of the owner or operator of the cemetery or separate geographical site of a cemetery to correct the deficiency or failure to file as ordered, the commissioner may issue a conditional suspension of the certificate of registration required by § 46-1-103.   The conditional suspension shall be accompanied by an order to correct the deficiency within a stated time, not less than thirty (30) days after issuance of the order.   A conditional suspension of the registration certificate shall not have the effect of interrupting the operation of the cemetery company. It is the purpose of this chapter to provide for an orderly transition from operation by the owner to operation by a receiver, in cases where trust fund deficiencies cannot otherwise be corrected.   If the deficiency is corrected within the time limit stated, further action on the suspension or receivership shall be terminated; provided, that the termination of a suspension shall not be construed to prohibit further actions toward suspension or receivership if a deficiency is determined to exist at a later time.     The commissioner is authorized, upon determining that a substantial deficiency exists in the improvement care fund, to order the cemetery company to correct the deficiency and also to pay to the improvement care fund an amount equal to ten percent (10%) of the deficiency.
TN Code § 46-1-313 (2021)
2021 Tennessee Code|Title 46 - Cemeteries|Chapter 1 - Regulation of Cemeteries|Part 3 - Records and Report, Violations, and Criminal and Civil Penalties|§ 46-1-313. Trespass on or Injury to Cemetery Property — Interference With Processions or Religious Exercises — Penalty

  No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the cemetery, or injure any tree, plant or shrub, or hunt or shoot, play at any game or amusement, or loiter for lascivious or lewd purposes in the cemetery, or interfere, by words or actions, with any funeral procession or any religious exercises.    A violation of this section is a Class E felony.   Following conviction of a person for violating subsection (a), evidence of damages sustained as a result of the violation shall be presented to the jury, which shall ascertain the total amount of the damages. The court shall then render judgment in that amount against the offender in favor of the cemetery and/or the other aggrieved parties and shall order the offender to make full restitution for the damages. Execution of the judgment shall issue as in other civil cases. The order of restitution shall be in addition to other sanctions imposed pursuant to subdivision (b)(1).
TN Code § 47-1-101 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-101. Short Title

  Chapters 1 9 of this title shall be known and may be cited as the Uniform Commercial Code.   This chapter shall be known and may be cited as the “Uniform Commercial Code — General Provisions.”
TN Code § 47-1-102 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-102. Scope of Chapter

 This chapter applies to a transaction to the extent that it is governed by Chapters 2 9 of this title.
TN Code § 47-1-103 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-103. Construction of Chapters 1 9 to Promote Their Purposes and Policies — Applicability of Supplemental Principles of Law

  Chapters 1 9 of this title must be liberally construed and applied to promote its underlying purposes and policies, which are:  To simplify, clarify, and modernize the law governing commercial transactions;   To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and   To make uniform the law among the various jurisdictions.     Unless displaced by the particular provisions of Chapters 1 9 of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.   In any dispute as to the proper construction of one (1) or more sections of Chapters 1 9 of this title, the Official Comments pertaining to the corresponding sections of the Uniform Commercial Code, Official Text, as adopted by the National Conference of Commissioners on Uniform State Laws and the American Law Institute and as in effect on July 1, 2013, in this state, shall constitute evidence of the purposes and policies underlying such sections, unless:  The sections of Chapters 1 9 of this title that are applicable to the dispute differ materially from the sections of the Official Text that would be applicable thereto; or   The Official Comments are inconsistent with the plain meaning of the applicable sections of Chapters 1 9 of this title.
TN Code § 47-1-104 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-104. Construction Against Implied Repeal

 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.
TN Code § 47-1-105 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-105. Severability

 If any provision or clause of Chapters 1 9 of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of Chapters 1 9 of this title that can be given effect without the invalid provision or application, and to this end the provisions of Chapters 1 9 of this title are severable.
TN Code § 47-1-106 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-106. Use of Singular and Plural — Gender

 In Chapters 1 9 of this title, unless the statutory context otherwise requires:   Words in the singular number include the plural, and those in the plural include the singular; and   Words of any gender also refer to any other gender.
TN Code § 47-1-107 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 1 - General Provisions|§ 47-1-107. Relation to Electronic Signatures in Global and National Commerce Act

 This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., except that nothing in this chapter modifies, limits, or supersedes § 7001(c) of that act, codified in 15 U.S.C. § 7001(c), or authorizes electronic delivery of any of the notices described in § 7003(b) of that act, codified in 15 U.S.C. § 7003(b).
TN Code § 47-1-202 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 2 - General Definitions and Principles of Interpretation|§ 47-1-202. Notice — Knowledge

  Subject to subsection (f), a person has “notice” of a fact if the person:  Has actual knowledge of it;   Has received a notice or notification of it; or   From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.     “Knowledge” means actual knowledge. “Knows” has a corresponding meaning.   “Discover”, “learn”, or words of similar import refer to knowledge rather than to reason to know.   A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.   Subject to subsection (f), a person “receives” a notice or notification when:  It comes to that person's attention; or   It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.     Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
TN Code § 47-1-204 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 2 - General Definitions and Principles of Interpretation|§ 47-1-204. Value

 Except as otherwise provided in Chapters 3 4, and 5 of this title, a person gives value for rights if the person acquires them:   In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;   As security for, or in total or partial satisfaction of, a preexisting claim;   By accepting delivery under a preexisting contract for purchase; or   In return for any consideration sufficient to support a simple contract.
TN Code § 47-1-205 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 2 - General Definitions and Principles of Interpretation|§ 47-1-205. Reasonable Time — Seasonableness

  Whether a time for taking an action required by Chapters 1 9 of this title is reasonable depends on the nature, purpose, and circumstances of the action.   An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
TN Code § 47-1-206 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 2 - General Definitions and Principles of Interpretation|§ 47-1-206. Presumptions

 Whenever Chapters 1 9 of this title create a “presumption” with respect to a fact, or provide that a fact is “presumed”, the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
TN Code § 47-1-301 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 1 - Uniform Commercial Code — General Provisions|Part 3 - Territorial Applicability and General Rules|§ 47-1-301. Territorial Applicability — Parties' Power to Choose Applicable Law

  Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.   In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), Chapters 1 9 of this title apply to transactions bearing an appropriate relation to this state.   If one (1) of the following provisions of Chapters 1 9 of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:  Section 47-2-402;   Sections 47-2A-105 and 47-2A-106;   Section 47-4-102;   Section 47-4A-507;   Section 47-5-116;   Section 47-8-110; or   Sections 47-9-301 — 47-9-307.