Part 1 Uniform Durable Power of Attorney Act 34-6-101 – 34-6-112
Part 2 Durable Power of Attorney for Health Care 34-6-201 – 34-6-218
Part 3 Power of Attorney for Care of a Minor Child Act 34-6-301 – 34-6-310
Part 4 Health Care Decisions for Unemancipated Minor Children 34-6-401 – 34-6-406

Terms Used In Tennessee Code > Title 34 > Chapter 6 - Power of Attorney

  • Acceptable collateral: means :
    1. As to securities lending transactions, and for the purpose of calculating counterparty exposure amount, cash, cash equivalents, letters of credit, direct obligations of, or securities that are fully guaranteed as to principal and interest by, the government of the United States, or by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, and as to lending foreign securities, sovereign debt rated NAIC-SVO 1. See Tennessee Code 56-3-302
    2. Acquittal:
      1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
      2. A verdict of "not guilty."
       
    3. Administrator: means the federal motor carrier safety administrator, the chief executive of the federal motor carrier safety administration, an agency within the United States department of transportation. See Tennessee Code 55-50-102
    4. Admitted assets: means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the commissioner, but:
      1. Excluding the assets of separate accounts, the investments of which are not subject to this part. See Tennessee Code 56-3-302
      2. ADS: means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event. See Tennessee Code 55-8-101
      3. ADS-operated vehicle: means a vehicle equipped with an automated driving system. See Tennessee Code 55-8-101
      4. Affiliate: means , as to any person, another person that, directly or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with the person. See Tennessee Code 56-3-302
      5. Amortization: Paying off a loan by regular installments.
      6. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
      7. Appropriate helmet: means , except as provided in subdivisions (a)(1)(A)-(C), a helmet that meets federal motor vehicle safety standards as specified in 49 CFR 571. See Tennessee Code 55-52-201
      8. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
      9. Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
      10. Arrest: Taking physical custody of a person by lawful authority.
      11. Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
      12. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
      13. Attorney: means the person designated and authorized by subscribers as the attorney-in-fact having authority to obligate them on reciprocal insurance contracts. See Tennessee Code 56-16-102
      14. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
      15. Autocycle: means the same as defined in §. See Tennessee Code 55-50-102
      16. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
      17. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
      18. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
      19. Bicycle: means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20") in diameter. See Tennessee Code 55-8-101
      20. Bicycle: means a human-powered vehicle with two (2) wheels in tandem designed to transport, by the action of pedaling, one (1) or more persons seated on one (1) or more saddle seats on its frame. See Tennessee Code 55-52-103
      21. Board: means the collateral pool board created pursuant to §9-4-506. See Tennessee Code 9-4-502
      22. bond: means any cash or other security deposited to secure an appearance for trial, following a citation by an arresting officer for violation of a traffic law, ordinance, rules or regulation. See Tennessee Code 55-50-701
      23. Bus: means every motor vehicle designed for carrying more than fifteen (15) passengers including the driver and operated for the transportation of persons. See Tennessee Code 55-50-102
      24. Business entity: includes a sole proprietorship, corporation, limited liability company, association, general or limited partnership, joint stock company, joint venture, mutual fund, bank, trust, real estate investment trust, joint tenancy or other similar form of business organization, whether organized for-profit or not-for-profit. See Tennessee Code 56-3-302
      25. Cap: means an agreement obligating the seller to make payments to the buyer with each payment based on the amount by which a reference price or level or the performance or value of one (1) or more underlying interests exceeds a predetermined number, sometimes called the strike rate or strike price. See Tennessee Code 56-3-302
      26. Capital and surplus: means the sum of the capital and surplus of the insurer required to be shown on the statutory financial statement of the insurer most recently required to be filed with the commissioner. See Tennessee Code 56-3-302
      27. Cash equivalents: means highly rated, highly liquid and readily marketable investments or securities with a remaining term to maturity of one (1) year or less, which includes money market funds as defined in §56-3-303(a)(17). See Tennessee Code 56-3-302
      28. Certified driving instructor: means any person who gives driver training or who offers a course in driver training, and who is certified as a certified driving instructor by the department. See Tennessee Code 55-50-102
      29. CGAD: means a confidential report filed by the insurer or insurance group in accordance with this part. See Tennessee Code 56-2-903
      30. Chauffeur: means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. See Tennessee Code 55-50-102
      31. Chief: means the chief of the highway patrol. See Tennessee Code 55-50-102
      32. Chief instructor: means a licensed motorcycle operator who meets the standards established by the department to qualify to train and oversee instructors for the motorcycle rider education program. See Tennessee Code 55-51-101
      33. Citation: means any citation, summons, ticket, or other document issued by an arresting officer for violation of a traffic law, ordinance, rule, or regulation, ordering the arrested motorist to appear in court or before a magistrate. See Tennessee Code 55-50-701
      34. Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
      35. Collateral pool: means an arrangement whereby the repayment of public deposits deposited with any qualified public depository is secured through the sum total of eligible collateral pledged by all qualified public depositories, and contingent liability agreements as provided by the collateral pool board. See Tennessee Code 9-4-502
      36. Commerce: means :
        1. Trade, traffic, and transportation within the jurisdiction of the United States. See Tennessee Code 55-50-102
        2. Commercial driver certificate: means a document issued by the department that authorizes a driver to operate a class of motor vehicle. See Tennessee Code 55-50-102
        3. Commercial driver license: means a license issued by the department in accordance with the standards contained in 49 CFR Part 383 to an individual that authorizes the individual to operate a class of commercial motor vehicle. See Tennessee Code 55-50-102
        4. Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
          1. Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds. See Tennessee Code 55-50-102
          2. Commissioner: means the commissioner of revenue. See Tennessee Code 55-1-111
          3. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-2-903
          4. Commissioner: means the commissioner of safety. See Tennessee Code 55-50-102
          5. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-1-102
          6. Commissioner: means the commissioner of safety. See Tennessee Code 55-50-701
          7. Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
          8. Controlled substance: means any substance so classified under § 102(6) of the Controlled Substances Act (21 U. See Tennessee Code 55-50-102
          9. Conviction: A judgement of guilt against a criminal defendant.
          10. Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. See Tennessee Code 55-50-102
          11. Counterparty exposure amount: means :

            For an over-the-counter derivative instrument not entered into pursuant to a written master agreement which provides for netting of payments owed by the respective parties:

            The market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument would result in a final cash payment to the insurer. See Tennessee Code 56-3-302

          12. Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
          13. Department: means the department of commerce and insurance. See Tennessee Code 56-2-903
          14. Department: means the department of safety acting directly or through its duly authorized officers and agents. See Tennessee Code 55-50-102
          15. Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
          16. Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
          17. Department: means the department of safety. See Tennessee Code 55-51-101
          18. Department: means department of safety. See Tennessee Code 55-50-701
          19. Dependent: A person dependent for support upon another.
          20. Deposit insurance: means the insurance provided by the federal deposit insurance corporation. See Tennessee Code 9-4-502
          21. Derivative instrument: means any agreement, option or instrument, or any series or combinations of an agreement, option or instrument:

            To make or take delivery of, or assume or relinquish, a specified amount of one (1) or more underlying interests, or to make a cash settlement in lieu thereof. See Tennessee Code 56-3-302

          22. Derivative instruments: includes options, warrants (not attached to another financial instrument purchased by the insurer), caps, floors, collars, swaps, swaptions, forwards, futures and any other agreements, options or instruments substantially similar thereto, or any series or combinations thereof. See Tennessee Code 56-3-302
          23. Derivative transaction: means a transaction involving the use of one (1) or more derivative instruments. See Tennessee Code 56-3-302
          24. Devise: To gift property by will.
          25. Director: means the commissioner of safety. See Tennessee Code 55-51-101
          26. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
          27. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
          28. Docket: A log containing brief entries of court proceedings.
          29. Dollar roll transaction: means two (2) simultaneous transactions with settlement dates no more than ninety-six (96) days apart so that in one (1) transaction an insurer sells to a business entity, and in the other transaction the insurer is obligated to purchase from the same business entity, substantially similar securities of the following types:

            Mortgage-backed securities issued, assumed or guaranteed by the Government National Mortgage Association, the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation or their respective successors. See Tennessee Code 56-3-302

          30. Domestic insurance company: means an insurance company, other than life and fraternal insurance companies, nonprofit hospital and medical service corporations, nonprofit dental service corporations, nonprofit vision service corporations and title insurance companies, incorporated under the laws of this state. See Tennessee Code 56-3-401
          31. Domicile: means a person's fixed, permanent and principal home for legal purposes and to which the person has the intention of returning whenever the person is absent. See Tennessee Code 55-50-102
          32. Driver: means :
            1. For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101
            2. Driver: means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-50-102
            3. Driver license: means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways. See Tennessee Code 55-50-102
            4. Durable power of attorney for health care: means a durable power of attorney to the extent that it authorizes an attorney in fact to make health care decisions for the principal. See Tennessee Code 34-6-201
            5. Employee: means an operator of a commercial motor vehicle, including an owner-operator or other independent contractor while in the course of operating a commercial motor vehicle, who is employed by an employer. See Tennessee Code 55-50-102
            6. Employer: means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. See Tennessee Code 55-50-102
            7. EPAMD: means a self-balancing, two (2) nontandem wheeled device, designed to transport only one (1) person, with an electric propulsion system with average power of seven hundred fifty (750) watts or one horse power (1 hp. See Tennessee Code 55-53-101
            8. Equity interests: includes common stock, an equity investment in an investment company, other than a money market mutual fund described in §56-3-303(a)(17), a beneficial interest in a trust or a real estate investment trust, partnership interests, warrants or other rights to acquire equity interests that are created by the person that owns or would issue the equity to be acquired, and equity interests in any business entity, other than preferred stock or shares as described in §56-3-303(a)(3). See Tennessee Code 56-3-302
            9. equity security: means any stock or similar security, or any security convertible, with or without consideration, into a stock or similar security, or carrying a warrant or right to subscribe or to purchase a stock or similar security. See Tennessee Code 56-3-701
            10. Escrow: Money given to a third party to be held for payment until certain conditions are met.
            11. Ex officio: Literally, by virtue of one's office.
            12. Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. See Tennessee Code 55-8-101
            13. Felony: A crime carrying a penalty of more than a year in prison.
            14. Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year. See Tennessee Code 55-50-102
            15. Fiduciary: A trustee, executor, or administrator.
            16. Fiduciary: means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in §. See Tennessee Code 34-1-101
            17. Fixed charges: includes interest on all obligations and amortization of debt discount and expenses. See Tennessee Code 56-3-302
            18. Fixed charges: includes interest on all bonds and other evidence of indebtedness, and amortization of debt discount and expenses. See Tennessee Code 56-3-401
            19. Floor: means an agreement obligating the seller to make payments to the buyer in which each payment is based on the amount by which a predetermined number, sometimes called the floor rate or price, exceeds a reference price, level, performance or value of one (1) or more underlying interests. See Tennessee Code 56-3-302
            20. Forbearance: A means of handling a delinquent loan. A
            21. Foreign: when used without limitation, includes all companies formed by authority of any other state or government. See Tennessee Code 56-1-102
            22. Foreign: when used without limitation, includes all companies formed by authority of any other state or government. See Tennessee Code 56-1-102
            23. Foreign decree: means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located in the reciprocal state, against any insurer incorporated or authorized to do business in this state. See Tennessee Code 56-2-702
            24. Foreign jurisdiction: means :

              A jurisdiction other than a domestic jurisdiction. See Tennessee Code 56-3-302

            25. Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
            26. Fraud: Intentional deception resulting in injury to another.
            27. Full legal name: means an individual's first name, middle name or names and last name or surname, without use of initials or nicknames. See Tennessee Code 55-50-102
            28. Future: means an agreement, traded on a futures exchange, to make or take delivery of, or effect a cash settlement based on the actual or expected price, level, performance or value of, one (1) or more underlying interests. See Tennessee Code 56-3-302
            29. Futures exchange: means a foreign or domestic exchange, contract market or board of trade on which trading in futures is conducted and, in the United States, that has been authorized for such trading by the commodities futures trading commission or any successor of the commodities futures trading commission. See Tennessee Code 56-3-302
            30. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
            31. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
            32. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
            33. Grantor: The person who establishes a trust and places property into it.
            34. Gross weight: means the weight of a vehicle without load plus the weight of any load thereon. See Tennessee Code 55-8-101
            35. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
            36. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
            37. Hazardous materials: means any material that has been designated as hazardous under 49 U. See Tennessee Code 55-50-102
            38. Health care: means any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical or mental condition, and includes medical care as defined in § 32-11-103. See Tennessee Code 34-6-201
            39. Health care decision: means consent, refusal of consent or withdrawal of consent to health care. See Tennessee Code 34-6-201
            40. Health care institution: means a health care institution as defined in § 68-11-1602. See Tennessee Code 34-6-201
            41. Health care provider: means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Tennessee Code 34-6-201
            42. Hedging transaction: means a derivative transaction that is entered into and maintained to manage:

              The risk of a change in the value, yield, price, cash flow or quantity of assets or liabilities, or a portfolio of assets and/or liabilities, that the insurer has acquired or incurred or anticipates acquiring or incurring. See Tennessee Code 56-3-302

            43. highly rated: means an investment rated "P-1" by Moody's Investors Service, Inc. See Tennessee Code 56-3-302
            44. Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
            45. Highway: means the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, trailer park or apartment house complex or any other premises frequented by the public at large. See Tennessee Code 55-50-102
            46. Implement of husbandry: means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations. See Tennessee Code 55-8-101
            47. In loco parentis: means "in the place of a parent" and refers to the legal responsibility taken by a person or organization to assume some of the functions and responsibilities of a parent or legal guardian. See Tennessee Code 34-6-401
            48. Income generation transaction: means a derivative transaction which is entered into to generate income. See Tennessee Code 56-3-302
            49. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
            50. Institution: includes a corporation, a joint-stock association and a business trust. See Tennessee Code 56-3-401
            51. insurance company: includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance. See Tennessee Code 56-1-102
            52. insurance company: includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance. See Tennessee Code 56-1-102
            53. Insurance group: means those insurers and affiliates included within an insurance holding company system as defined in §. See Tennessee Code 56-2-903
            54. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
            55. Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
            56. Intestate: Dying without leaving a will.
            57. Investment practices: means transactions of the types described in §56-3-303(a)(10), (15), (18) and (21). See Tennessee Code 56-3-302
            58. Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
            59. Lawful permanent resident: means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. See Tennessee Code 55-50-102
            60. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
            61. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
            62. License: means any operator's or chauffeur's permit or any other license or permit to operate a motor vehicle issued under the laws of a reciprocating state including:
              1. Any temporary or learner's permit. See Tennessee Code 55-50-701
              2. Lien: A claim against real or personal property in satisfaction of a debt.
              3. Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
              4. Loss: includes , but is not limited to:

                The principal amount of the public deposit. See Tennessee Code 9-4-502

              5. Low speed vehicle: means any four-wheeled electric vehicle whose top speed is greater than twenty miles per hour (20 mph) but not greater than twenty-five miles per hour (25 mph), including neighborhood vehicles. See Tennessee Code 55-50-102
              6. Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
              7. Market value: means the price for the security or derivative instrument obtained from a generally recognized source or the most recent quotation from the source or, to the extent no generally recognized source exists, the price for the security or derivative instrument as determined pursuant to the terms of the instrument or in good faith by the insurer as can be reasonably demonstrated to the commissioner upon request, plus accrued but unpaid income on the security or derivative instrument to the extent not included in the price as of the date. See Tennessee Code 56-3-302
              8. Medium speed vehicle: means any four-wheeled electric vehicle whose top speed is greater than thirty miles per hour (30 mph), but whose maximum speed allowed is thirty-five miles per hour (35 mph) only on streets with a forty mile per hour (40 mph) or less posted speed limit pursuant to §55-8-191(b)(1), including neighborhood vehicles. See Tennessee Code 55-50-102
              9. Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
              10. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
              11. Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
              12. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
              13. Motor driven cycle: means "motor driven cycle" as defined in §55-8-101. See Tennessee Code 55-50-102
              14. Motor vehicle: means every vehicle, including a low speed vehicle or a medium speed vehicle that is self-propelled, excluding electric scooters, electric bicycles as defined in §55-8-301, motorized bicycles, personal delivery devices, and every vehicle, including a low speed vehicle or a medium speed vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Tennessee Code 55-8-101
              15. Motor vehicle: means a vehicle, low speed vehicle or medium speed vehicle as defined in this section, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail. See Tennessee Code 55-50-102
              16. Motor-driven cycle: means every motorcycle, including every motor scooter, with a motor that produces no more than five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc). See Tennessee Code 55-8-101
              17. Motorcycle: means "motorcycle" as defined in §55-8-101. See Tennessee Code 55-50-102
              18. Motorcycle rider education program: means the motorcycle training and information disbursement plan created in § 55-51-102. See Tennessee Code 55-51-101
              19. Motorcycle rider safety fund: means the restricted receipts account created in § 55-51-104 to be applied toward the cost of administering the motorcycle rider education program. See Tennessee Code 55-51-101
              20. Motorized bicycle: means "motorized bicycle" as defined in §55-8-101. See Tennessee Code 55-50-102
              21. NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-2-903
              22. NAIC: means the National Association of Insurance Commissioners. See Tennessee Code 56-3-302
              23. NAIC-SVO: means the securities valuation office of the National Association of Insurance Commissioners. See Tennessee Code 56-3-302
              24. Net earnings available for fixed charges: means net income determined on either a consolidated or an unconsolidated basis after allowance for operating and maintenance expenses, depreciation and depletion, and taxes, other than federal and state income taxes, but excluding extraordinary nonrecurring items of income or expense appearing in the regular financial statements of the issuing, assuming or guaranteeing business entity. See Tennessee Code 56-3-302
              25. Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
              26. Nonresident: means every person who is not a resident of the state. See Tennessee Code 55-50-102
              27. Oath: includes affirmation. See Tennessee Code 1-3-105
              28. Oath: A promise to tell the truth.
              29. Obligation: means a note, bond, debenture, trust certificate, equipment trust certificate, production payment, negotiable bank certificate of deposit, bankers' acceptance, asset-backed security, NAIC-SVO credit tenant loan, loan secured by financing a net lease or net leases, and other evidence of indebtedness for the payment of money, or participations, certificates or other evidences of an interest in any of the obligations listed in this subdivision (29), whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment. See Tennessee Code 56-3-302
              30. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
              31. Off-highway motor vehicle: means a vehicle as defined in § 55-3-101(c)(2). See Tennessee Code 55-52-201
              32. Operator: means :

                For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101

              33. Operator: means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-50-102
              34. Operator: means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle. See Tennessee Code 55-52-103
              35. Option: means an agreement giving the buyer the right to buy or receive, known as a "call option" sell or deliver, known as a "put option" enter into, extend or terminate or effect a cash settlement based on the actual or expected price, spread, level, performance or value of one (1) or more underlying interests. See Tennessee Code 56-3-302
              36. Over-the-counter derivative instrument: means a derivative instrument entered into with a business entity, other than through a securities exchange, futures exchange, or cleared through a qualified clearinghouse. See Tennessee Code 56-3-302
              37. Oversight: Committee review of the activities of a Federal agency or program.
              38. Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
              39. Owner: means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter. See Tennessee Code 55-50-102
              40. Passenger: means any person who travels on a bicycle in any manner except as an operator. See Tennessee Code 55-52-103
              41. Pedestrian: means any person afoot or using a motorized or non-motorized wheelchair. See Tennessee Code 55-8-101
              42. Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
              43. Person: means an individual, a business entity, a multilateral development bank or a government or quasi-governmental body, such as a political subdivision or a government sponsored enterprise. See Tennessee Code 56-3-302
              44. Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-50-102
              45. Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Tennessee Code 56-16-102
              46. Person: includes an individual, corporation, partnership, association, the state, a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. See Tennessee Code 34-6-201
              47. Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
              48. Personal property: All property that is not real property.
              49. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
              50. Personal recognizance: means a signed agreement by an arrested motorist that the motorist will comply with the terms of the citation served upon the motorist at the time of arrest. See Tennessee Code 55-50-701
              51. Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
              52. Physician: means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in the state of Tennessee. See Tennessee Code 34-1-101
              53. Plaintiff: The person who files the complaint in a civil lawsuit.
              54. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
              55. Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Tennessee Code 55-8-101
              56. Potential exposure: means :

                As to a futures position, the amount of initial margin required for that position. See Tennessee Code 56-3-302

              57. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
              58. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
              59. Preferred dividend requirements: means dividends at the maximum prescribed rate on all preferred stock of the same class as that being acquired by the insurance company and on all stock ranking as to dividends on a parity with the dividends or prior to the dividends, whether or not the dividends are cumulative. See Tennessee Code 56-3-302
              60. Preferred dividend requirements: means dividends at the maximum prescribed rate on all preferred stock of the same class as that being acquired by the insurance company and on all stock ranking as to dividends on a parity with the dividends or prior to the dividends, whether or not the dividends are cumulative. See Tennessee Code 56-3-401
              61. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
              62. Program coordinator: means the person designated by the director to plan, organize, and administer the motorcycle rider education program as provided in § 55-51-102(b). See Tennessee Code 55-51-101
              63. Protective bicycle helmet: means a piece of headgear that meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation, or that  is otherwise approved by the commissioner of safety. See Tennessee Code 55-52-103
              64. Public bicycle path: means a right-of-way under the jurisdiction and control of the state or a local political subdivision thereof for use primarily by bicycles and pedestrians. See Tennessee Code 55-52-103
              65. Public deposit: means funds in which the entire beneficial interest is owned by a public depositor or funds held in the name of a public official of a public depositor charged with the duty to receive or administer funds and acting in such official's official capacity. See Tennessee Code 9-4-502
              66. Public depository: means :

                Any savings and loan association, or savings bank (collectively referred to as savings institutions), or any bank chartered by the state of Tennessee. See Tennessee Code 9-4-502

              67. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
              68. Qualified clearinghouse: means a clearinghouse subject to the rules of a securities exchange or a futures exchange that provides clearing services, including acting as a counterparty to each of the parties to a transaction such that the parties no longer have credit risk to each other. See Tennessee Code 56-3-302
              69. Qualified primary credit source: means the credit source to which an insurer looks for payment as to an investment and against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction. See Tennessee Code 56-3-302
              70. Qualified public depository: means any public depository that meets all of the requirements of this part and that has been authorized by the board to secure public deposits through the collateral pool. See Tennessee Code 9-4-502
              71. Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Tennessee Code 55-8-101
              72. Reciprocal: means the aggregation of subscribers under a common name. See Tennessee Code 56-16-102
              73. Reciprocal state: means any state or territory of the United States, the laws of which contain procedures substantially similar to those specified in this part for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States, against any insurer incorporated or authorized to do business in the state or territory. See Tennessee Code 56-2-702
              74. Reciprocating state: means any state that extends by its laws or by written agreement with this state to residents of this state substantially the rights and privileges provided by this part. See Tennessee Code 55-50-701
              75. Relative: means a person or persons in the lineal line of consanguinity to a property owner, a spouse, or person or persons in the lineal line of consanguinity of a spouse, and includes an individual in an adoptive relationship to a property owner or the spouse of the property owner. See Tennessee Code 55-52-201
              76. Replication transaction: means a derivative transaction or combination of derivative transactions effected either separately or in conjunction with cash market investments included in the insurer's investment portfolio in order to replicate the risks and returns of another authorized transaction, investment or instrument and/or operate as a substitute for cash market transactions. See Tennessee Code 56-3-302
              77. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
              78. Repurchase transaction: means a transaction in which an insurer purchases securities from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period of time or upon demand. See Tennessee Code 56-3-302
              79. Resident: means every person that lives in this state for a period of time exceeding thirty (30) days, has taken employment, or who would qualify as a registered voter, or has taken action to establish Tennessee as principal place of domicile. See Tennessee Code 55-50-102
              80. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
              81. Restraining seat: means a seat separate from the saddle seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in the seat and protect the   passenger from the moving parts of the bicycle. See Tennessee Code 55-52-103
              82. Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
              83. Rider training course: means a motorcycle rider education curriculum and delivery system approved by the department as meeting standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle. See Tennessee Code 55-51-101
              84. Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
              85. Right-of-way: means the privilege of the immediate use of the roadway. See Tennessee Code 55-8-101
              86. Roadway: means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Tennessee Code 55-8-101
              87. School bus: means every motor vehicle operated for the transportation of children to or from school or school-related activities and is operated for compensation. See Tennessee Code 55-50-102
              88. Secretary: means the secretary of transportation of the United States. See Tennessee Code 55-50-102
              89. Securities exchange: means :

                An exchange registered as a national securities exchange or a securities market registered under the Securities Exchange Act of 1934 (15 U. See Tennessee Code 56-3-302

              90. Securities lending transaction: means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or upon demand. See Tennessee Code 56-3-302
              91. Semitrailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. See Tennessee Code 55-8-101
              92. Service of process: The service of writs or summonses to the appropriate party.
              93. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
              94. Shell business entity: means a business entity having no economic substance, except as a vehicle for owning interests in assets issued, owned or previously owned by a person domiciled in a foreign jurisdiction. See Tennessee Code 56-3-302
              95. Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. See Tennessee Code 55-52-103
              96. State: includes the several states, the District of Columbia, the Commonwealth of Puerto Rico and the possessions of the United States. See Tennessee Code 56-3-302
              97. State: includes the several states, the District of Columbia, the Commonwealth of Puerto Rico and the possessions of the United States. See Tennessee Code 56-3-401
              98. State: means :

                For the purposes of commercial driver licenses, a state of the United States and the District of Columbia. See Tennessee Code 55-50-102

              99. State: means the state of Tennessee. See Tennessee Code 55-50-701
              100. Street: means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
              101. street: means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-52-103
              102. SVO Rating: means the numerical ranking designation of one (1) through six (6) assigned to securities as determined by the NAIC-SVO. See Tennessee Code 56-3-302
              103. Swap: means an agreement to exchange or to net payments at one (1) or more times based on the actual or expected price, yield, level, performance or value of one (1) or more underlying interests. See Tennessee Code 56-3-302
              104. Swaption: means an option to purchase or sell a swap at a given price and time or at a series of prices and times. See Tennessee Code 56-3-302
              105. Temporary driver license: means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways for the individual's authorized period of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year. See Tennessee Code 55-50-102
              106. Testate: To die leaving a will.
              107. Tractor: means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently. See Tennessee Code 55-8-101
              108. Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
              109. Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101
              110. Training specialist: means the person designated by the director to fulfill the obligations stated in § 55-51-102(c). See Tennessee Code 55-51-101
              111. Tricycle: means a three-wheeled human-powered vehicle. See Tennessee Code 55-52-103
              112. Truck: means every motor vehicle designed, used or maintained primarily for the transportation of property. See Tennessee Code 55-8-101
              113. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
              114. Underlying interest: means the assets, liabilities or other interests, or a combination of assets, liabilities or other interests, underlying a derivative instrument, such as any one (1) or more securities, currencies, rates, indices, commodities or derivative instruments. See Tennessee Code 56-3-302
              115. United States: means the fifty (50) states and the District of Columbia. See Tennessee Code 55-50-102
              116. Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
              117. Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Tennessee Code 55-50-102
              118. Violation: means a conviction except as otherwise provided in §55-50-504(g). See Tennessee Code 55-50-102
              119. Warrant: means an instrument that gives the holder the right to purchase or sell the underlying interest at a given price and time or at a series of prices and times outlined in the warrant agreement. See Tennessee Code 56-3-302