2023 Tennessee Code › Title 45 - BANKS AND FINANCIAL INSTITUTIONS (§§ 45-1-101 — 45-20-111) › Chapter 3 - SAVINGS AND LOAN ASSOCIATIONS (§§ 45-3-101 — 45-3-1508) › Part 1 - GENERAL PROVISIONS (§§ 45-3-101 — 45-3-120) › Section 45-3-104 - Chapter definitions

(a)
As used in this chapter, unless the context otherwise requires:
(1)
"Association" means a capital stock or mutual savings and loan association;
(A)
"Capital stock association" means an association, the ownership of which rests in the holders of shares of capital stock, who may receive dividends on their shares, and who have the sole right to vote on matters affecting the association; and
(B)
"Mutual association" means an association, the ownership of which rests in members, who receive interest on their deposit accounts, and who have the sole right to vote on all matters affecting the association;
(2)
"Branch office" means an office or facility, other than the home office, at which payments on accounts and loans may be accepted and applications for loans may be received, at which accounts may be opened, and loans may be closed, and at which any other authorized business of the association may be transacted;
(3)
"Commissioner" means the commissioner of financial institutions;
(4)
"Deposit" or "deposit account" means that part of the deposit liability of an association that is credited to the account of the holder;
(5)
"Deposit liability" means the aggregate amount of deposit accounts of depositors or members, including interest credited to the accounts, less redemptions and withdrawals;
(6)
"Depositor" means the holder of a deposit account in an association;
(7)
"Dividend" means that part of the net income or capital surplus of a capital stock association that is declared payable to the stockholders of the association from time to time by the board of directors, and is to be distinguished from "interest";
(8)
"Electronic funds transfer system (EFTS)" means a computer payment system for transferring funds from one (1) party to another;
(9)
"Federal association" means a savings and loan association operating under the laws and regulations of the United States;
(10)
"Financial institution" means a thrift institution, commercial bank, or trust company;
(11)
"Home" means a structure designed for residential use by not more than four (4) families or a single condominium unit, including common elements pertinent thereto, designed for residential use by one (1) family in a multiple dwelling unit structure or complex, and includes fixtures;
(12)
"Home office" means the principal place of business maintained by the association and so designated in its charter, at which all authorized business of the association may be transacted;
(13)
"Home property" means real estate on which there is located, or will be located, a home;
(14)
"Homeowner" means any person or persons in whose name or names legal title to a home, or real property on which a home is located, or is to be located, is registered pursuant to the laws of this state;
(15)
"Impaired condition" means a condition in which the assets of an association in the aggregate do not equal the aggregate amount of its liabilities;
(16)
"Interest" means that part of the net income, retained earnings, or surplus of an association that is payable to or credited to holders of deposit accounts;
(17)
"Interest date" means the effective date on which interest is payable to depositors on deposit accounts;
(18)
"Liquid assets" means:
(A)
Cash on hand;
(B)
Time certificates of deposit or cash on deposit in federal home loan banks, state banks performing similar functions, or in commercial banks, that is withdrawable upon not more than thirty (30) days' notice and that is not pledged as security for indebtedness, except that any deposits in a bank that is being liquidated or rehabilitated by any supervisory authority shall not be considered as liquid assets;
(C)
Obligations of, or obligations that are fully guaranteed as to principal and interest by, the United States or this state; and
(D)
Other assets that the commissioner may, by rule or regulation, designate as liquid assets;
(19)
"Member" means a person holding a deposit account of a mutual association;
(20)
"Mobile home" means a dwelling designed for occupancy by a single family unit, which may be permanently affixed to real property, and is designed to be movable from one (1) location to another. "Mobile home" does not include recreation vehicles or campers;
(21)
"Net income" means gross revenues for an accounting period, less all interest and expenses paid or incurred, taxes, and losses sustained that have not been charged to any reserve accounts;
(22)
"Net worth" means the aggregate of all loan contracts of an association, plus the aggregate value of all other assets of the association, less the aggregate amount of deposit accounts of depositors, including interest credited to the accounts, and less any other liabilities of the association;
(23)
"Person" means an individual, firm, partnership, joint venture, trust, estate, unincorporated association, company, or corporation organized under the laws of this or any other state, the United States or foreign country;
(24)
"Primarily residential property" means real estate on which there is located, or will be located pursuant to a real estate loan, any of the following:
(A)
A structure or structures designed or used primarily for residential rather than nonresidential purposes and consisting of more than one (1) dwelling unit;
(B)
A structure or structures designed or used primarily for residential rather than nonresidential purposes for students, residents, and persons under care, employees, or members of the staff of an educational, health, or welfare institution or facility; or
(C)
A structure or structures that are used in part for residential purposes for not more than one (1) family and in part for business purposes; provided, that the residential use of the structure or structures must be substantial and permanent, not merely transitory;
(25)
"Primary lending area" means any area within the territorial limits of this state or within a radius of one hundred (100) miles from the home office or branch of an association;
(26)
"Real estate loan" means any loan or other obligation secured by a lien on real estate in any state held in fee or in a leasehold extending or renewable automatically for a period of at least ten (10) years beyond the date scheduled for the final principal payment of the loan or obligation, or any transactions out of which a lien or claim is created against the real estate, including, inter alia, the purchase of the real estate in fee by an association and the concurrent or immediate sale thereof on installment contract;
(27)
"Remote service unit" means a facility where deposits to, withdrawals from, and transfers between existing accounts may be made and where payments on loans made or serviced by the association may be made;
(28)
"Satellite office" means a facility that is operated ancillary to a home or branch office and that does not have more than one thousand (1,000) square feet of floor space nor more than four (4) teller stations;
(29)
"Service organization" means either a corporation, the majority of the capital stock of which is owned by one (1) or more associations, and that has the powers to engage in those activities of general service corporations in which federal associations may invest; or a corporation, business trust, or other similar organization that is an affiliate of an association that owns a majority of the voting shares of the organization and that has the powers of an affiliate of a federal association;
(30)
"Stockholder" means the holder of one (1) or more shares of any class of capital stock of a capital stock association organized and operating pursuant to this chapter;
(31)
"Surplus" means the aggregate amount of the undistributed net income of an association held as undivided profits or unallocated reserves for general corporate purposes, and any paid-in surplus or initial undivided profits held by an association;
(32)
"Thrift institution" means an association, a mutual savings bank, a cooperative bank, a homestead association, a credit union, a federal association, a small loan company, and any supervised thrift or residential financing institution of a substantially similar nature as determined by the commissioner; and
(33)
"Withdrawal value" means the amount paid to an association on a deposit account, plus interest credited thereto, less lawful deductions therefrom, as shown by the books of the association.
(b)
Any reference in this chapter or elsewhere in this code to a savings and loan association, or to a federal savings and loan association, or to any association as may be defined in this chapter, includes a federal savings bank or other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of the corporation.
Acts 1978, ch. 708, § 1.04; T.C.A., § 45-1304; Acts 1984, ch. 705, § 2.