reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1006 - Appeal from denial of reinstatement

(a)
If the secretary of state denies a cooperative's application for reinstatement following administrative dissolution, the secretary of state shall serve the cooperative under §§
43-38-110
and
43-38-111
with a written notice that explains the reason or reasons for denial.
(b)
The cooperative may appeal the denial of reinstatement to the chancery court of Davidson County within thirty (30) days after service of the notice of denial. The cooperative may appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state's certificate of dissolution, the cooperative's application for reinstatement, and the secretary of state's notice of denial.
(c)
The court may summarily order the secretary of state to reinstate the dissolved cooperative or may take other action the court considers appropriate.
(d)
The court's final decision may be appealed as in other civil proceedings.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1007 - Articles of termination following administrative dissolution

(a)
When a cooperative that has been administratively dissolved wishes to terminate its existence, it may do so without first being reinstated, by delivering to the secretary of state for filing articles of termination following administrative dissolution setting forth:
(1)
The name of the cooperative;
(2)
The date that termination of cooperative existence was authorized;
(3)
That the resolution authorizing termination was duly adopted by the members;
(4)
A copy of the resolution or the written consent authorizing the termination; and
(5)
A statement that all the assets of the cooperative have been distributed to its creditors and members.
(b)
If the secretary of state finds that the articles of termination following administrative dissolution comply with the requirements of subsection (a), the secretary of state shall file the articles of termination following administrative dissolution. Upon this filing, the existence of the cooperative shall cease, except that the termination of cooperative existence shall not take away or impair any remedy to or against the cooperative or its members, directors or officers for any right or claim existing or any liability incurred, prior to the termination. Any such action or proceeding by or against the cooperative may be prosecuted or defended by the cooperative in its cooperative name. The members, directors or officers shall have the power to take such cooperative or other action as may be appropriate to protect the remedy, right or claim.
(c)
Sections
43-38-1003
- 43-38-1007 shall apply to the administrative dissolution of any domestic cooperative.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1008 - Filing notice of dissolution and effect

(a)
If dissolution of the cooperative is approved pursuant to §
43-38-1002(a)
, the cooperative shall file with the secretary of state a notice of dissolution that contains:
(1)
The name of the cooperative; and
(2)
If the dissolution is approved pursuant to §
43-38-1002(f)
, the date of the meeting at which the resolution was approved, and a statement that the requisite vote of the members was received, or that members validly took action without a meeting.
(b)
When the notice of dissolution has been filed with the secretary of state, the cooperative shall cease to carry on its business, except to the extent necessary for the winding up of the business of the cooperative. The members shall retain the right to revoke the dissolution in accordance with §
43-38-1013
and the right to remove or appoint directors or officers. The cooperative existence continues to the extent necessary to wind up the affairs of the cooperative until the dissolution is revoked or articles of termination are filed with the secretary of state.
(c)
As part of winding up, the cooperative may participate in a merger with another cooperative or one (1) or more domestic business entities under §§
43-38-122
and
43-38-123
, but the dissolved cooperative shall not be the surviving business entity.
(d)
The filing with the secretary of state of a notice of dissolution does not affect any remedy in favor of the cooperative or any remedy against it or its members, directors, or officers in those capacities, except as provided in §
43-38-1010
.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1009 - Collection and payment of debts - Transfer of assets - Distribution to members

(a)
After the notice of intent to dissolve has been filed with the secretary of state, the board, or the officers acting under the direction of the board, shall proceed as soon as possible to:
(1)
Collect or make provision for the collection of all debts due or owing to the cooperative, including unpaid subscriptions for shares; and
(2)
Pay or make provision for the payment of all debts, obligations and liabilities of the cooperative according to their priorities.
(b)
After the notice of intent to dissolve has been filed with the secretary of state, the board may sell, lease, transfer or otherwise dispose of all or substantially all of the property and assets of the dissolving cooperative without a vote of the members.
(c)
Tangible and intangible property, including money, remaining after the discharge of the debts, obligations and liabilities of the cooperative may be distributed to the members and former members as provided in the bylaws. If previously authorized by the members, the tangible and intangible property of the cooperative may be liquidated and disposed of at the discretion of the board.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1011 - Claims against dissolving cooperative

The claim of a creditor or claimant against a dissolving cooperative is barred if the claim has not been enforced by initiating legal, administrative or arbitration proceedings concerning the claim by two (2) years after the date the notice of intent to dissolve is filed with the secretary of state.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1012 - Filing of articles of termination upon dissolution and completion of winding up of cooperative

(a)
The articles of termination shall be filed with the secretary of state upon the dissolution and the completion of winding up the cooperative.
(b)
Articles of termination shall set forth:
(1)
The name of the cooperative;
(2)
The date of filing of its articles of organization;
(3)
The reason for the filing of the articles of termination;
(4)
Whether known and potential creditors and claimants have been notified of the dissolution under §
43-38-1010
; and
(5)
Any other information that the person filing the articles of termination determines necessary or desirable to include.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1013 - Revocation of dissolution proceedings

(a)
Dissolution proceedings may be revoked before the articles of dissolution are filed with the secretary of state.
(b)
The chair may call a members' meeting to consider the advisability of revoking the dissolution proceedings. The question of the proposed revocation shall be submitted to the members at the members' meeting called to consider the revocation. The dissolution proceedings are revoked if the proposed revocation is approved at the members' meeting by a majority of the members of the cooperative, or for a cooperative with articles or bylaws requiring a greater number of members, the number of members required by the articles or bylaws.
(c)
After the revocation of dissolution is authorized, the cooperative may revoke the dissolution by delivering to the secretary of state for filing articles of revocation of dissolution that set forth:
(1)
The name of the cooperative;
(2)
The effective date of the dissolution that was revoked;
(3)
The date that the revocation of dissolution was authorized;
(4)
If the cooperative board of directors, or incorporators, revoked the dissolution, a statement to that effect;
(5)
If the cooperative's board of directors revoked a dissolution authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6)
If member action was required to revoke the dissolution, a statement that the resolution was duly adopted by the members and a copy of the resolution or the written consent authorizing the revocation of dissolution.
(d)
If a revocation of dissolution is effective, it relates back to and takes effect upon the effective date of the dissolution and the cooperative shall resume carrying on its business as if dissolution had never occurred.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1014 - Termination of existence

The existence of the cooperative is terminated upon the filing of articles of termination with the secretary of state.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1015 - Dissolution under the supervision of the court

After a notice of intent to dissolve has been filed with the secretary of state and before a certificate of dissolution has been issued, the cooperative or, for good cause shown, a member or creditor, may apply to a court within the county where the registered address is located to have the dissolution conducted or continued under the supervision of the court as provided in §
43-38-1018
.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1016 - Judicial intervention

A court may grant any equitable relief it considers just and reasonable in the circumstances or may dissolve a cooperative or direct that the dissolved entity is merged into another or new cooperative or other entity on the terms and conditions the court deems equitable.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1017 - Judicial dissolution

(a)
On application by the attorney general and reporter, or by or for a member, the court may decree dissolution of a cooperative whenever it is not reasonably practicable to carry on the business in conformity with the articles and the operating agreement.
(b)
The dissolution is effective upon the decree of dissolution becoming final and not eligible for appeal. The decree shall be filed with the office of the secretary of state.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1018 - Procedure for judicial dissolution

(a)
In dissolution proceedings, before a hearing is completed, the court may:
(1)
Issue injunctions;
(2)
Appoint receivers with all powers and duties that the court directs;
(3)
Take actions required to preserve the cooperative's assets wherever located; and
(4)
Carry on the business of the cooperative.
(b)
After a hearing is completed, on notice the court directs to be given to parties to the proceedings and to other parties in interest designated by the court, the court may appoint a receiver to collect the cooperative's assets, including amounts owing to the cooperative by subscribers on account of an unpaid portion of the consideration for the issuance of shares. A receiver has authority, subject to the order of the court, to continue the business of the cooperative and to sell, lease, transfer, or otherwise dispose of the property and assets of the cooperative either at public or private sale.
(c)
The assets of the cooperative or the proceeds resulting from a sale, lease, transfer, or other disposition shall be applied in the following order of priority:
(1)
The costs and expenses of the proceedings, including attorneys' fees and disbursements;
(2)
Debts, taxes and assessments due the United States, this state and other states in that order;
(3)
Claims duly proved and allowed to employees under the workers' compensation act, except that claims under this clause may not be allowed if the cooperative has carried workers' compensation insurance, as provided by law, at the time the injury was sustained;
(4)
Claims, including the value of all compensation paid in a medium other than money, proved and allowed to employees for services performed within three (3) months preceding the appointment of the receiver, if any; and
(5)
Other claims proved and allowed.
(d)
After payment of the expenses of receivership and claims of creditors are proved, the remaining assets, if any, may be distributed to the members or distributed pursuant to an approved liquidation plan.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1019 - Receivership

(a)
A receiver shall be a natural person or a domestic corporation in this state. A receiver shall give a bond as directed by the court with the sureties required by the court.
(b)
A receiver may sue and defend in all courts as receiver of the cooperative. The court appointing the receiver has exclusive jurisdiction of the cooperative and its property.
(c)
The receiver and the court appointed receiver shall have the same powers and duties as a court appointed receiver would have pursuant to §
48-24-303
.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1020 - Filing of claims

(a)
In proceedings to dissolve a cooperative, the court may require all creditors and claimants of the cooperative to file their claims under oath with the court administrator or with the receiver in a form prescribed by the court.
(b)
If the court requires the filing of claims, the court shall:
(1)
Set a date, by order, at least one hundred twenty (120) days after the date the order is filed, as the last day for the filing of claims; and
(2)
Prescribe the notice of the fixed date that shall be given to creditors and claimants.
(c)
Before the fixed date, the court may extend the time for filing claims. Creditors and claimants failing to file claims on or before the fixed date may be barred, by order of court, from claiming an interest in or receiving payment out of the property or assets of the cooperative.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1021 - Discontinuation of dissolution for lack of cause

The involuntary or supervised voluntary dissolution of a cooperative may be discontinued at any time during the dissolution proceedings, if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver, if any, to redeliver to the cooperative its remaining property and assets.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1022 - Court order dissolving cooperative

(a)
In an involuntary or supervised voluntary dissolution, after the costs and expenses of the proceedings and all debts, obligations and liabilities of the cooperative have been paid or discharged and the remaining property and assets have been distributed to its members, or if its property and assets are not sufficient to satisfy and discharge the costs, expenses, debts, obligations and liabilities, when all the property and assets have been applied so far as they will go to their payment according to their priorities, the court shall enter an order dissolving the cooperative.
(b)
When the order dissolving the cooperative or association has been entered, the cooperative or association is dissolved.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1023 - Certified copy of dissolution

After the court enters an order dissolving a cooperative, the court administrator shall cause a certified copy of the dissolution order to be filed with the secretary of state. The secretary of state may not charge a fee for filing the dissolution order.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1024 - Liquidation

(a)
A cooperative shall be dissolved as provided in the articles in a manner consistent with other business entities organized in this state, or if not provided, may be dissolved in the same manner as a limited liability company organized in this state; or the members may authorize a liquidation by adopting a resolution at a members' meeting. The liquidation may occur with or without a vote of dissolution. The notice of the members' meeting shall include a statement that the disposition of all or substantially all of the assets of the cooperative will be considered at the meeting. If a quorum is present in person, by mail ballot, or alternative method approved by the board at the members' meeting, the resolution approving of the liquidation is adopted if:
(1)
Approved by two thirds (2/3) of the votes cast; or
(2)
For a cooperative with articles or bylaws requiring more than two thirds (2/3) for approval and other conditions for approval, the resolution is approved by the proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied.
(b)
The board of directors by resolution may liquidate a cooperative, if the board obtains an opinion of a certified public accountant that the cooperative is unlikely to continue as a business based on its current finances.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1025 - Right to sue or defend after dissolution

After a cooperative has been dissolved, any of its former officers, directors or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 10 - DISSOLUTION AND TERMINATION (§§ 43-38-1001 — 43-38-1027) › Section 43-38-1027 - Claims procedure

(a)
A person who is or who becomes a creditor or claimant before, during, or following the conclusion of dissolution proceedings, who does not file a claim or pursue a remedy in a legal, administrative or arbitration proceeding during the pendency of the dissolution proceeding, or has not initiated a legal, administrative, or arbitration proceeding before the commencement of the dissolution proceedings, and all those claiming through or under the creditor or claimant, are forever barred from suing on that claim or otherwise realizing upon or enforcing it, except as provided in this section.
(b)
Within one (1) year after articles of dissolution have been filed with the secretary of state pursuant to this chapter or a dissolution order has been entered, a creditor or claimant who shows good cause for not having previously filed the claim may apply to a court in this state to allow a claim:
(1)
Against the cooperative to the extent of undistributed assets; or
(2)
If the undistributed assets are not sufficient to satisfy the claim, the claim may be allowed against a member to the extent of distributions in dissolution received by the member.
(c)
Debts, obligations and liabilities incurred during dissolution proceedings shall be paid or provided for by the cooperative before the distribution of assets to a member. A person to whom this kind of debt, obligation, or liability is owed but is not paid may pursue any remedy against the officers, directors or members of the cooperative before the expiration of the applicable statute of limitations. This subsection (c) does not apply to dissolution under the supervision or order of a court.
Acts 2004, ch. 534, § 32.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1102 - Forms and filing methods

The secretary of state may prescribe and furnish forms and filing methods for all filings required by this title. If the secretary of state so requires, then use of these forms and filing methods is mandatory.
Amended by 2020 Tenn. Acts, ch. 719, s 2, eff. 6/22/2020.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1104 - Corrections

(a)
A cooperative may correct a document filed with the office of the secretary of state, if the document:
(1)
Contains an incorrect statement; or
(2)
Was defectively executed, attested, sealed, certified, or acknowledged.
(b)
A document is corrected:
(1)
By preparing articles of correction that:
(A)
Describe the document, including its filing date, or attach a copy of it to the articles;
(B)
Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and
(C)
Correct the incorrect statement of defective execution; and
(2)
By delivering the articles of correction to the office of the secretary of state for filing.
(c)
Articles of correction are effective on the effective time and date of the document they correct, except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1105 - Filing duty of secretary of state

(a)
If the form and filing of a document delivered to the office of the secretary of state for filing satisfies the requirements of this section, and of all other applicable sections or rules that add to these requirements, then the secretary of state must file it.
(b)
The secretary of state files a document by stamping or otherwise endorsing "Filed", together with the secretary of state's name and official title and the date and time of receipt, on the document. After filing a document, except for filings pursuant to §§
43-38-109
and
43-38-120
, the secretary of state shall deliver the document, with the filing fee receipt attached, or acknowledgment of receipt if no fee is required, to the cooperative or its representative in due course. A cooperative or its representative may present to the office of the secretary of state an exact or conformed copy of the document presented for filing, together with the document; and, in that event, the secretary of state shall stamp or otherwise endorse the exact or conformed copy "Filed", together with the secretary of state's name and official title and the date and time of receipt, and immediately return the exact or conformed copy to the party filing the original of the document.
(c)
If the secretary of state refuses to file a document, then the secretary of state shall return it to the cooperative or its representative immediately after the document was received for filing, together with a brief, written explanation of the reason for the refusal.
(d)
The secretary of state's duty to file documents under this section is ministerial. The secretary of state's filing or refusing to file a document does not:
(1)
Affect the validity or invalidity of the document in whole or in part;
(2)
Relate to the correctness or incorrectness of information contained in the document;
(3)
Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect; or
(4)
Establish that a document purporting to be an exact or conformed copy is in fact an exact or conformed copy.
(e)
Any cooperative document that meets the requirements of this chapter and all applicable rules for filing and recording must be received, filed, and recorded by the appropriate office, upon payment of the appropriate fees and taxes, if any, notwithstanding any contrary requirements found in any other laws of this state.
Amended by 2020 Tenn. Acts, ch. 719, s 3, eff. 6/22/2020.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1106 - Appeal of refusal to file document

(a)
If the secretary of state refuses to file a document delivered to the office of the secretary of state for filing, the cooperative may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of the refusal to file.
(b)
The court may summarily order the secretary of state to file the document or take other action the court considers appropriate.
(c)
The court's final decision may be appealed as in other civil proceedings.
(d)
Any judicial review of the secretary of state's refusal to file a document shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1107 - Copy as evidence

A certificate attached or certification affixed to a copy of a document filed by the secretary of state, bearing the secretary of state's signature, which may be in facsimile, and the seal of this state, is conclusive evidence that the original document is on file with the secretary of state.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1108 - Penalty for signing false document

(a)
A person commits a Class B misdemeanor, punishable by a fine not to exceed five hundred dollars ($500), if the person signs a document, knowing it to be false in any material respect with intent that the document be delivered to the office of the secretary of state or other required office for filing.
(b)
The offense created by this section is in addition to any other offense created by law for the same conduct.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 11 - DOCUMENT REQUIREMENTS (§§ 43-38-1101 — 43-38-1109) › Section 43-38-1109 - Effective time and date of document

(a)
Except as provided in subsection (b), and in §§
43-38-202
and
43-38-1104(c)
, a document accepted for filing is effective:
(1)
At the time of filing on the date it is filed by the secretary of state, as evidenced by the office of the secretary of state's date and time endorsement on the original document; and
(2)
At the time specified in the document as its effective time on the date it is filed.
(b)
A document may specify a delayed effective time and date, and if it does so, the document becomes effective at the time and date specified. If a delayed effective date but not time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed with the office of the secretary of state.
(c)
The office of the secretary of state shall not file any articles unless that document designates the registered agent and registered office of such cooperative in accordance with §
43-38-107
. The office of the secretary of state shall not file any other document presented by the cooperative for filing under this chapter, if at the time of filing, the cooperative does not have a registered agent and registered office designated at that time, unless at the time the document is received for filing, the office of the secretary of state also receives for filing a statement designating a registered agent or registered office or both.
Acts 2004, ch. 534, § 33.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 39 - AGRITOURISM (§§ 43-39-101 — 43-39-103) › Section 43-39-101 - Chapter definitions

For purposes of this chapter, unless the context otherwise requires:
(1)
"Agritourism activity" means any activity carried out on a farm or ranch, eligible for greenbelt classification under title 67, chapter 5, part 10, that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities or natural activities and attractions. An activity is an "agritourism activity" whether or not a participant provides compensation in money or other valuable compensation to participate in the activity. "Agritourism activity" includes an activity involving any animal exhibition at an agricultural fair, regardless of the location of the fair;
(2)
"Agritourism professional" means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation;
(3)
(A)
"Inherent risks of agritourism activity" means those dangers, conditions or hazards that are an integral part of an agritourism activity, including, but not limited to:
(i)
Surface and subsurface conditions;
(ii)
Natural conditions of land, vegetation and waters;
(iii)
The behavior of wild or domestic animals; and
(iv)
Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations.
(B)
"Inherent risks of agritourism activity" also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity;
(4)
"Participant" means any person, other than the agritourism professional, who engages in an agritourism activity; and
(5)
"Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit.
Acts 2009, ch. 498, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 39 - AGRITOURISM (§§ 43-39-101 — 43-39-103) › Section 43-39-102 - Immunity from liability for injury or death

(a)
Except as provided in subsection (b):
(1)
No agritourism professional is liable for injury to or death of a participant, or damage to a participant's property, resulting solely from the inherent risks of agritourism activities, as long as the warning contained in §
43-39-103(b)
is posted as required; and
(2)
A participant or participant's representative shall not maintain an action against or recover from an agritourism professional for injury, loss, damage, including, but not limited to property damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
(b)
Nothing in subsection (a) prevents or limits the liability of an agritourism professional if the agritourism professional or any of its agents does any one (1) or more of the following:
(1)
Commits an act or omission that constitutes reckless disregard for the safety of the participant or the participant's property, and that act or omission proximately causes injury, damage, or death to the participant, or damage to the participant's property;
(2)
Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant, or damage to the participant's property;
(3)
Fails to train, or improperly or inadequately trains, employees who are actively involved in agritourism activities, and an act or omission of the employee proximately causes injury, damage, or death to the participant, or damage to the participant's property;
(4)
Intentionally injures the participant, or damages the participant's property; or
(5)
Commits any other act, error, or omission that constitutes willful or wanton misconduct, gross negligence, or criminal conduct.
(c)
Nothing in subsection (a):
(1)
Prevents or limits the liability of an agritourism professional under the product liability provisions in title 29, chapter 28; or
(2)
Shall be construed so as to negate that assumption of the risk is an affirmative defense.
(d)
Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
Amended by 2020 Tenn. Acts, ch. 683, s 1, eff. 6/15/2020.
Acts 2009 , ch. 498, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 40 - FOREST PRODUCT FAIRNESS ACT (§§ 43-40-101 — 43-40-105) › Section 43-40-101 - Short Title

This chapter shall be known and may be cited as the "Forest Product Fairness Act."
Acts 2010, ch. 686, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 40 - FOREST PRODUCT FAIRNESS ACT (§§ 43-40-101 — 43-40-105) › Section 43-40-102 - Purpose

The general assembly recognizes the enormous contribution that the Tennessee forest products industry makes to the state. The continued health of the industry is vital to Tennessee's economic well-being. A fair and equitable process for awarding state incentives to the forest products industry is necessary to maintain economic viability. The purpose of this chapter is to provide for a procedure that will ensure an open process for the awarding of incentives, that encourages the use of forest products but does not give an unfair advantage to one (1) segment of the forest products industry over another, and that does not put existing businesses at a competitive disadvantage.
Acts 2010, ch. 686, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 40 - FOREST PRODUCT FAIRNESS ACT (§§ 43-40-101 — 43-40-105) › Section 43-40-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of agriculture;
(2)
"Forest products" include the following:
(A)
Products that are derived from woody biomass;
(B)
Forest wood waste, including residual tops and limbs of trees, unused cull trees, pre-commercial thinnings, and wood or debris from noncommercial tree species, slash or brush; and
(C)
Any wood chips or fibers or other organic substances and any inorganic substances recovered from forest wood waste or produced as byproducts of processing wood; and
(3)
"Incentives" means any tax exemption, tax credit, tax exclusion, tax deduction, rebate, investment, contract, or grant made available by the state to directly support the purchase of forest products. "Incentives" shall not mean any such benefit available under statutorily provided programs.
Acts 2010, ch. 686, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 40 - FOREST PRODUCT FAIRNESS ACT (§§ 43-40-101 — 43-40-105) › Section 43-40-104 - Incentives

Incentives to directly support the purchase of forest products shall be approved by the commissioner through a fair and equitable process prior to being awarded. The process shall be open to individuals and both new and existing partnerships, corporations, associations, or other legal entities.
Acts 2010, ch. 686, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 40 - FOREST PRODUCT FAIRNESS ACT (§§ 43-40-101 — 43-40-105) › Section 43-40-105 - Rules and regulations

The commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of this chapter, after consulting with the commissioner of economic and community development. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 686, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 1 - GENERAL PROVISIONS (§§ 44-2-101 — 44-2-106) › Section 44-2-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Animal" or "animals" means all domestic animals including, but not limited to, cattle, bison, all equidae, sheep, goats, swine, dogs, cats, all avian species, and all Class III animals as established by §
70-4-403
;
(2)
"Commissioner" means the commissioner of agriculture;
(3)
"Department" means the Tennessee department of agriculture;
(4)
"Disease" means any communicable disease deemed appropriate for regulatory control measures by the state veterinarian;
(5)
"Person" means an individual, corporation, partnership and any association of two (2) or more persons having a joint or common interest; and
(6)
"USDA" means the United States department of agriculture.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1301.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 1 - GENERAL PROVISIONS (§§ 44-2-101 — 44-2-106) › Section 44-2-102 - Supervisory powers

The commissioner and the state veterinarian have the general supervision of all animals within or that may be in transit through the state, and they are empowered to:
(1)
Establish a quarantine against any animal or animals within or entering the state;
(2)
Enter any premises in which animals are likely kept for the purpose of examining, inspecting or testing for the purpose of disease control;
(3)
Prohibit or regulate the importation of animals into this state whenever it is necessary to protect the health of animals in Tennessee;
(4)
Order tests or vaccinations of animals within the state or imported into the state for the purpose of protecting the health of animals in Tennessee;
(5)
Order the destruction and sanitary disposition of any animal, whenever, in the opinion of the state veterinarian, the interests of the state are best served by the destruction of that animal. This destruction may be ordered only for control of any animal disease for which the state has a control program, or for any animal disease not known to exist in the United States;
(6)
Order the sanitary disposition of any dead animal. The owner of such animal shall be liable for its disposition;
(7)
Stop and inspect or examine vehicles likely to be hauling animals for the purposes of disease control and determining compliance with this chapter;
(8)
Order the cleaning and disinfection of any premises, vehicle or equipment for the purpose of animal disease control;
(9)
Promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules and regulations necessary to carry out this chapter;
(10)
Impose in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, civil penalties of up to one thousand dollars ($1,000) for each violation of this chapter or the rules and regulations promulgated under this chapter;
(11)
Cooperate with the government of the United States and may designate employees of USDA as agents of the department in carrying out the purposes of this chapter;
(12)
Call upon other law enforcement agencies for assistance when the public safety and welfare is threatened; and
(13)
File suit in a court of competent jurisdiction for the purpose of enjoining the further violation of this chapter.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1302.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 1 - GENERAL PROVISIONS (§§ 44-2-101 — 44-2-106) › Section 44-2-103 - Prohibited acts

It is unlawful for any person to:
(1)
Willfully hinder, obstruct, disregard or evade any quarantine or order the commissioner or state veterinarian may issue under this chapter;
(2)
Distribute, sell or use any veterinary vaccine, antiserum, or diagnostic antigen or other veterinary biologic products unless licensed by the USDA and permitted by the department;
(3)
Refuse to allow the commissioner or the state veterinarian or any person acting under the commissioner's or state veterinarian's authority to inspect or examine any animal reported or suspected to be infected with any communicable disease, or for the owner of such animals to fail to present them for testing or to fail to render reasonable assistance in testing of the animals;
(4)
Knowingly sell, trade or import into this state any animal or animals infected with a communicable disease; or
(5)
Violate any rule or regulation promulgated pursuant to this chapter.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1303.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 1 - GENERAL PROVISIONS (§§ 44-2-101 — 44-2-106) › Section 44-2-104 - Penalties

A violation of this chapter is a Class A misdemeanor.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1304.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 1 - GENERAL PROVISIONS (§§ 44-2-101 — 44-2-106) › Section 44-2-105 - Indemnity for destroyed animals

The commissioner through rules and regulations may establish procedures for the payment of indemnities for animals destroyed under authority of this chapter. Indemnity under this section is not intended to be a full reimbursement but a partial compensation based on, but not limited to, the value of the animal and the availability of funds for that purpose. Indemnification may be disallowed in cases where the owner is in violation of this chapter.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1305.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 1 - GENERAL PROVISIONS (§§ 44-2-101 — 44-2-106) › Section 44-2-106 - Federally accredited veterinarians - Inspections, vaccinations and tests

Veterinarians accredited under Title 9 of the Code of Federal Regulations and licensed by the state board of veterinary medical examiners may be authorized to make necessary inspections, vaccinations, and tests required by this chapter or its regulations.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1306.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-401 - Title

This part shall be known and may be cited as the "Tennessee Garbage Feeding Law."
Acts 1953, ch. 94, § 1 (Williams, § 5066.18); modified; T.C.A. (orig. ed.), §§ 44-1001, 44-5-101.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of agriculture;
(2)
"Garbage" means animal or plant waste resulting from the handling, preparation, cooking or consumption of foods, including animal and fowl carcasses or parts thereof, and all waste material and by-products of a kitchen, restaurant, hospital, hotel, motel, or slaughterhouse; except, however, bakery waste, whey, or other dairy waste from milk processing plants shall not be included in this definition; and
(3)
"Person" means any individual, partnership, corporation, association or other legal entity or any organization, political subdivision or governmental agency.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1002, 44-5-102.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-403 - Enforcing official

This part shall be enforced and administered by the commissioner or the commissioner's designated representative.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1003, 44-5-103.