Part 1 General Provisions
Part 2 Organization of Banks
Part 3 Stockholders
Part 4 Directors and Officers
Part 5 Membership in Federal Reserve Banks
Part 6 General Powers of Banks
Part 7 Deposits in Banks
Part 8 Deposit Insurance
Part 9 Safe Deposit and Safekeeping
Part 10 Fiduciary Powers
Part 11 Loans
Part 13 Voluntary Corporate Changes
Part 14 Bank Holding Companies–Bank Structure Act of 1974
Part 15 Liquidation, Dissolution, and Reorganization
Part 16 Examination and Reports
Part 17 Prohibited Acts
Part 18 Investment and Security Powers
Part 19 Credit Card State Banks
Part 20 Private Trust Companies

Terms Used In Tennessee Code > Title 45 > Chapter 2

  • Acquisition of a branch: means the acquisition of all or substantially all of the assets other than loans, cash or securities and the assumption of all or substantially all of the liabilities of or related to a branch that has been open and engaged in the business of banking for at least three (3) continuous years without the acquisition of the entire bank. See
  • acting as a fiduciary: means to act in the capacity of a fiduciary as defined in §. See
  • Affiliate: means any company that controls, is controlled by, or is under common control with another company. See
  • Agent: means any person duly authorized in writing by a lessee to enter a safe deposit box rented by the lessee, whether the person be denominated as "agent" "deputy" "attorney-in-fact" or otherwise. See
  • Bank: means a state or a national bank. See
  • Bank: has the meaning stated in §. See
  • Bank: means a credit card state bank established and operated in accordance with §. See
  • Bank: means any person, as hereinafter defined, doing a banking business subject to the laws of this or any other jurisdiction and, for the purposes of supervision, examination and liquidation, includes industrial investment companies and industrial banks authorized by chapter 5 of this title. See
  • Bank holding company: has the meaning set forth in §. See
  • Branch: means a branch as defined in §. See
  • Cardholder: includes borrowers and other primary obligors on loans. See
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commercial activities: means any activities in which a bank holding company, financial holding company, a national bank, or a national bank subsidiary, may not engage under federal law. See
  • Commissioner: means the commissioner of financial institutions. See
  • Community: means a city, town, or incorporated village in this state, or where not within any of the foregoing, a trade area in this state. See
  • Company: has the meaning set forth in §. See
  • Company: includes a bank, trust company, corporation, partnership, association, business or other trust, or similar business entity. See
  • Continuing bank: means a merging bank the charter of which becomes the charter of the resulting bank. See
  • Control: has the meaning set forth in §. See
  • Control: has the meaning set forth in §. See
  • Converting bank: means a bank converting from a state to a national bank, or the reverse. See
  • credit card plan: means any account that can be accessed by a credit card, including a debit card with a credit feature, whereby the cardholder may obtain loans from time to time either by credit card cash advance or by the purchase or satisfaction by the bank of obligations of the cardholder incurred pursuant to a credit card. See
  • Credit card state bank: means a state bank chartered under the laws of Tennessee and whose principal office is in this state and the activities of which are limited to those permitted under §. See
  • De novo acquisition: means acquisition of shares of a bank prior to the time it is authorized to commence operations. See
  • De novo branch: means a branch of a bank that:

    (A) Is originally established by the bank as a branch. See

  • Department: means the department of financial institutions. See
  • Deposit: means a deposit of money, bonds or other things of value, creating a debtor-creditor relationship. See
  • Depository institution: means any company included for any purpose within any of the definitions of insured depository institution, as set forth in 12 U. See
  • Domestic holding company: means a company that either:

    (i) Controls a domestic or foreign lender and has its principal place of business in this state. See

  • Domestic lender: means any bank, savings and loan association, savings bank, or credit union organized and supervised under the laws of this state or the United States, that has its principal place of business in this state or any other business organization that is authorized by law to accept deposits and make loans and has its principal place of business in this state. See
  • Executor: includes an assets of the estate, pay debts, and distribute residue to those entitled to it. See Tennessee Code 1-3-105
  • Federal Reserve Act: includes the act of congress of the United States approved December 23, 1913, as amended. See
  • Federal reserve bank: means the federal reserve banks created and organized under the authority of the Federal Reserve Act. See
  • Federal reserve board: means the federal reserve board, created and described in the Federal Reserve Act. See
  • Fiduciary: means trustee, agent, executor, assets of the estate, pay debts, and distribute residue to those entitled to it. See
  • Foreign bank: means a foreign bank, as defined in the International Banking Act of 1978 §. See
  • Foreign lender: means any bank, savings and loan association, savings bank, credit union, organized or chartered under the laws of the United States, or any state other than this state, or the District of Columbia, that has its principal place of business outside this state, or any other business organization that is authorized by law to accept deposits and make commercial loans and has its principal place of business outside this state. See
  • Good faith: means honesty in fact in the conduct or transaction concerned. See
  • Holding company: means any company that controls a domestic or foreign lender. See
  • Home state: means :

    (A) With respect to a national bank, the state in which the main office of the bank is located. See

  • Home state: means :

    (A) With respect to a federally chartered trust institution and a foreign bank, the state in which the institution maintains its principal office. See

  • Home state regulator: means the bank supervisory agency with primary responsibility for chartering and supervising an out-of-state trust institution. See
  • Host state: means a state, other than the home state of a bank, in which the bank maintains or seeks to establish and maintain a branch. See
  • Interim bank merger: means the technique by which a new bank charter is obtained solely for the purpose of merging an existing bank into the bank for which the charter is sought, or solely for the purpose of merging the bank for which the charter is sought into an existing bank. See
  • Item: means any instrument for the payment of money, even though not negotiable, but does not include money. See
  • Lessee: means a person contracting with a lessor for the use of a safe deposit box. See
  • Lessor: means a bank or subsidiary corporation of a bank renting safe deposit facilities, and includes a safe deposit company organized and operating under the jurisdiction of the department solely for the purpose of leasing safe deposit facilities. See
  • Loan: means any extension of credit, including, but not limited to, credit extended under plans or in transactions for which no credit card is issued, whether by way of installment, single payment, add-on, discount factoring, or otherwise for personal, consumer, agricultural or commercial purposes. See
  • Merger: includes consolidation. See
  • Merging bank: means a party to a merger. See
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • National bank: means a national banking association located in this state. See
  • New trust office: means a trust office located in a host state that:

    (A) Is originally established by the trust institution as a trust office. See

  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • operating: means that:

    (A) A charter has been issued to a bank by the United States comptroller of the currency or a certificate of authority has been issued by the commissioner. See

  • Person: means an individual, corporation, firm, trust, estate, partnership, joint venture, or association. See
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Qualifying organization: means a corporation, partnership, or other entity that at all times maintains an office in the state of Tennessee, at which it employs at least one hundred (100) persons residing in this state, and that is directly engaged in providing the following services, either for the qualifying organization or on behalf of other domestic or foreign lenders or credit card state banks:

    (A) The distribution of credit cards or other devices designed and effective to access credit card accounts. See

  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Reason to know: means that, upon the information available, a person of ordinary intelligence in the particular business, or of the superior intelligence or experience that the person in question may have, would infer that the fact in question exists or that there is such a substantial chance of its existence that, if exercising reasonable care with reference to the matter in question, conduct would be predicated upon the assumption of its possible existence. See
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • 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
  • Resulting bank: means the bank resulting from a merger or conversion. See
  • Safe deposit box: means a safe deposit box, vault, or other safe deposit receptacle maintained by a lessor and the rules relating thereto apply to property or documents kept in safekeeping in the bank's vault. See
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
  • Savings association: means an association as defined and operating under chapter 3 of this title or under the laws of the United States. See
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • State bank: means a bank chartered by this state. See
  • State bank: means any bank chartered by this state. See
  • State trust company: means a corporation organized or reorganized under the Banking Act, as compiled in this chapter and chapter 2 of this title, whose purposes and powers are limited to fiduciary purposes and powers, including a trust company previously organized under the laws of this state. See
  • State trust institution: means a trust institution having its principal office in this state. See
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Subsidiary corporation: means any corporation, all or part of the stock of which is owned by a bank principally for the purpose of participating in the active management of the business of the corporation as distinguished from the purpose of deriving profit from the appreciation in value of the stock or from dividends paid on the stock. See
  • Tennessee bank holding company: means a bank or bank holding company for which Tennessee is the home state of the bank or company. See
  • Trust company: means a state trust company or any other company chartered to act as a fiduciary that is neither a depository institution nor a foreign bank. See
  • Trust institution: means a depository institution, foreign bank, state bank or trust company authorized to act as a fiduciary. See
  • Trust office: means an office, other than the principal office, at which a trust institution is authorized by the commissioner to act as a fiduciary. See
  • Unauthorized trust activity: means :

    (A) A company, other than one identified in chapter 2, part 10 of this title, acting as a fiduciary within this state. See

  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105