Part 1 Development Credit Corporation Act (§§ 48-101-101 — 48-101-120) 48-101-101 – 48-101-120
Part 2 Massachusetts Trust Act of 1961 (§§ 48-101-201 — 48-101-207) 48-101-201 – 48-101-207
Part 3 Health, Educational and Housing Facility Corporations (§§ 48-101-301 — 48-101-318) 48-101-301 – 48-101-318
Part 5 Solicitation of Charitable Funds (§§ 48-101-501 — 48-101-521) 48-101-501 – 48-101-521
Part 6 Tennessee Professional Corporation Act (§§ 48-101-601 — 48-101-635) 48-101-601 – 48-101-635
Part 7 Nonprofit Limited Liability Company Act of 2001 (§§ 48-101-701 — 48-101-708) 48-101-701 – 48-101-708
Part 8 Tennessee Revised Nonprofit Limited Liability Company Act (§§ 48-101-801 — 48-101-809) 48-101-801 – 48-101-809
Part 9 Neighborhood Preservation Nonprofit Corporation Act (§§ 48-101-901 — 48-101-907) 48-101-901 – 48-101-907

Terms Used In Tennessee Code > Title 48 > MISCELLANEOUS CORPORATION PROVISIONS > Chapter 101 - Special Purpose Corporations and Associations

  • Acceptable petitioner: means :
    (A) Any nonprofit corporation. See Tennessee Code 13-6-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative action: means the taking of any recommendation, report or nonministerial action. See Tennessee Code 3-6-301
  • advertising: means every kind of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, newspaper advertising, magazine advertisement, handbill, written notice, printed notice, printed display, billboard display, poster, radio announcement, and, any and all means including oral, written or printed. See Tennessee Code 6-55-401
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliated political campaign committees: means political campaign committees established, financed, maintained, or controlled by any corporation, labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, labor organization, or any other person, or by any group of such persons. See Tennessee Code 2-10-102
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Allegation: something that someone says happened.
  • Alternate delegate: means an individual elected as an alternate delegate as provided by this chapter. See Tennessee Code 3-18-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual event: means an event:
    (A) Authorized by two-thirds (2/3) vote of all members elected to each house of the general assembly. See Tennessee Code 3-17-102
  • Annual event application: means the application made to the secretary of state to operate an annual event. See Tennessee Code 3-17-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person planning or proposing a project which has been designated a major energy project. See Tennessee Code 13-18-102
  • Appraisal: A determination of property value.
  • 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
  • Approval: means any permit, license, lease, certificate, right-of-way, or other grant, rate, ruling, or decision authorized or issued by an agency of state or local government. See Tennessee Code 13-18-102
  • Arrest: Taking physical custody of a person by lawful authority.
  • Article V convention: means a convention for proposing amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States. See Tennessee Code 3-18-102
  • Articles of conversion: means the form of articles provided for in chapter 204 of this title creating a new LLC and evidencing the conversion of an existing partnership or corporation to the new LLC which shall have all of the assets and liabilities of the former partnership. See Tennessee Code 48-202-101
  • articles of organization: means in the case of an LLC organized under chapters 201-248 of this title, articles of organization, articles of amendment, articles of correction, certificates of merger, and all similar documents required to be filed with any of the foregoing as part of the formation and continuation of an LLC. See Tennessee Code 48-202-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means any union, league, chamber of commerce, committee, club, or other membership organization. See Tennessee Code 3-6-301
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the attorney general and reporter. See Tennessee Code 3-6-301
  • Attorney general and reporter: means the attorney general and reporter of Tennessee. See Tennessee Code 2-10-102
  • Authority: means a governing body identified in §. See Tennessee Code 13-8-102
  • 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.
  • 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
  • bingo: means a specific game of chance in which participants use cards or paper sheets divided into horizontal and vertical spaces, each of which is designated by a letter and a number, and prizes are awarded on the basis of the letters and numbers on the card conforming to a predetermined and preannounced configuration of letters and numbers selected at random. See Tennessee Code 3-17-102
  • board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
  • Board of directors: means the board of directors of a corporation created under this part. See Tennessee Code 48-101-102
  • Bonds: means bonds, notes, interim certificates, or other obligations of a corporation issued pursuant to this part. See Tennessee Code 48-101-301
  • Building: means any building or structure that is located on the subject parcel. See Tennessee Code 13-6-102
  • Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
  • Business: means any lawful activity, excepting a farm operation, conducted primarily:
    (A) For the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property. See Tennessee Code 13-11-103
  • Bylaws: means the code or codes of rules (other than the charter) adopted pursuant to chapters 51-68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-51-201
  • Bylaws: means the code or codes of rules, other than the charter, adopted pursuant to chapters 51-68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-101-902
  • Calendar quarter: means any one (1) of the following time periods during a given year: January 1 through March 31, April 1 through June 30, July 1 through September 30, or October 1 through December 31. See Tennessee Code 6-58-101
  • Campaign contribution: means any contribution as defined by §. See Tennessee Code 3-6-301
  • Candidate: means an individual who has made a formal announcement of candidacy or who is qualified under the law of this state to seek nomination for election or elections to public office, or has received contributions or made expenditures except for incidental expenditures to determine if one shall be a candidate, or has given consent for a campaign committee to receive contributions or make expenditures with a view to bringing about the individual's nomination for election or election to state public office. See Tennessee Code 2-10-102
  • Candidate for public office: means any individual who has made a formal announcement of candidacy or who qualified under the law of this state to seek nomination for election or elections to any state public office, or has received contributions or made expenditures, except for incidental expenditures to determine if one shall be a candidate, or has given consent for a campaign committee to receive contributions or make expenditures, with a view to bringing about that person's nomination for election or the election to state public office, and any individual who has been nominated for appointment as an official in the legislative or executive branch. See Tennessee Code 3-6-301
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certified person: means any person determined by the court pursuant to §. See Tennessee Code 13-6-102
  • Charitable organization: means a group which is or holds itself out to be a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary organization, or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety, or any person who solicits or obtains contributions solicited from the public for charitable purposes. See Tennessee Code 48-101-501
  • Charitable purpose: means a purpose that:
    (A) Would make a corporation operated exclusively for that purpose eligible to be exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. See Tennessee Code 48-51-201
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter: includes amended and restated charters and articles of merger. See Tennessee Code 48-11-201
  • charter commission: means a commission established to propose to the voters for adoption the charter for a metropolitan government. See Tennessee Code 7-1-101
  • City: means any city or territory to be incorporated that may adopt chapters 30-36 of this title. See Tennessee Code 6-30-102
  • City governing body: means the city council or other public agency possessing power and authority usually possessed by a city council. See Tennessee Code 7-1-101
  • Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
  • Code: means and includes any published compilation of rules and regulations that have been prepared by various technical trade associations and shall include specifically, but not be limited to, building codes. See Tennessee Code 6-54-501
  • 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
  • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
  • Commercial co-venturer: means any person who:
    (A) Is organized for profit. See Tennessee Code 48-101-501
  • Commissioner: means the commissioner or such official designated by the city ordinance, to be appointed by the municipality. See Tennessee Code 6-55-401
  • Committee: as used in this chapter , except when more particularly provided in this chapter, includes:

    (1) A committee appointed by either the house of representatives or the senate. See Tennessee Code 3-3-101
  • Committee: means the local government planning advisory committee established by §. See Tennessee Code 6-58-101
  • Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Comparable replacement dwelling: means any dwelling that is:
    (A) Decent, safe, and sanitary. See Tennessee Code 13-11-103
  • Compensation: means any salary, fee, payment, reimbursement or other valuable consideration, or any combination thereof, whether received or to be received. See Tennessee Code 3-6-301
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consideration: means the consideration charged, whether or not received, for the occupancy in a hotel valued in money whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature without any deduction therefrom whatsoever. See Tennessee Code 7-4-101
  • Conspicuous: means so written that a reasonable person against whom the writing is to operate should have noticed it. See Tennessee Code 48-11-201
  • Contact agency: means the department of economic and community development. See Tennessee Code 13-18-102
  • Contiguous: means having a shared portion of boundary. See Tennessee Code 6-51-401
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means any advance, conveyance, deposit, distribution, transfer of funds, loan, loan guaranty, payment, gift, or subscription, of money or like thing of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, made for the purpose of defraying any expenses of a governor or governor-elect's inauguration or the celebration of a governor or governor-elect's inauguration. See Tennessee Code 2-10-402
  • Contribution: means any advance, conveyance, deposit, distribution, transfer of funds, loan, loan guaranty, personal funds of a candidate, payment, digital currency, gift, or subscription of money or like thing of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, made for the purpose of influencing a measure or nomination for election or the election of any person for public office or for the purpose of defraying any expenses of an officeholder incurred in connection with the performance of the officeholder's duties, responsibilities, or constituent services. See Tennessee Code 2-10-102
  • Contributions: means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or show of any kind which is advertised or offered in conjunction with the name of any charity. See Tennessee Code 48-101-501
  • Convention center: means any land, improvement, structure, building or part of a building comprised of facilities for conventions, public assemblies, conferences, trade exhibitions or other business, social, cultural, scientific and public interest events, along with any associated hotel accommodations. See Tennessee Code 7-4-101
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means a development credit corporation created under this part. See Tennessee Code 48-101-102
  • Corporation: means any corporation organized pursuant to this part. See Tennessee Code 48-101-301
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a public benefit or mutual benefit corporation which is not a foreign corporation, incorporated under or subject to chapters 51-68 of this title, and is recognized as exempt under §. See Tennessee Code 48-101-902
  • Council: means the joint economic and community development council established by §. See Tennessee Code 6-58-101
  • County: means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census. See Tennessee Code 6-30-102
  • County executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • day: means a twenty-four-hour period beginning at twelve o'clock (12:00) midnight and ending at eleven fifty-nine post meridiem (11:59 p. See Tennessee Code 3-17-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delegate: means an individual elected as provided by this chapter to represent Tennessee at an Article V convention. See Tennessee Code 3-18-102
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with §. See Tennessee Code 48-11-201
  • Department: means the fire department or police department of any municipality that pays wages to its employees for services rendered. See Tennessee Code 6-54-801
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
  • Disaster: means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the governor, or the president of the United States. See Tennessee Code 48-101-501
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Displaced person: means , except as provided in subdivision (2)(B):
    (A) Any person who moves from real property, or moves such person's personal property from real property:
    (i) As a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a state agency or with federal financial assistance. See Tennessee Code 13-11-103
  • Displacing agency: means any state agency undertaking a program or project with or without federal financial assistance, which causes a person to be displaced, a local agency undertaking a program or project with federal or state financial assistance, which causes a person to be displaced, or a person undertaking a program or project with federal financial assistance, which causes a person to be displaced. See Tennessee Code 13-11-103
  • Disqualified person: means an individual or entity that for any reason is or becomes ineligible under this part to be issued shares by a professional corporation. See Tennessee Code 48-101-603
  • Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
  • Distribution: means a direct or indirect transfer of money or other property (except its own membership interests) with or without consideration, or an incurrence or issuance of indebtedness, (whether directly or indirectly, including through a guaranty) by an LLC to or for the benefit of any of its members in respect of membership interests. See Tennessee Code 48-202-101
  • Docket: A log containing brief entries of court proceedings.
  • Document: means :
    (A) Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
  • domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the Tennessee Business Corporation Act, compiled in chapters 11-27 of this title, as amended. See Tennessee Code 48-202-101
  • Domestic professional corporation: means a professional corporation. See Tennessee Code 48-101-603
  • Donor: The person who makes a gift.
  • Driveway: means a vehicular access roadway less than twenty-four feet (24') in width and serving no more than two (2) single-family dwellings. See Tennessee Code 13-8-102
  • Dwelling unit: means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household. See Tennessee Code 13-5-102
  • Election: includes all elections, local, municipal, primary, general, state, federal and special and any election in the state or any county, municipality or other political subdivision thereof, but does not include referenda or issues submitted to a vote of the people, political convention or caucus. See Tennessee Code 2-19-201
  • Election: means any general, special or primary election or run-off election, held to approve or disapprove a measure or nominate or elect a candidate for public office. See Tennessee Code 2-10-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 48-11-201
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Employee: means any person who, on the adoption of this part, is a paid employee in the fire department or police department of any municipality and a member of a municipal retirement system or pension plan. See Tennessee Code 6-54-801
  • Employee: includes an officer but not a director. See Tennessee Code 48-11-201
  • employer: means any person or entity that employs, retains or otherwise arranges for a lobbyist to engage in lobbying on behalf of the person or entity for compensation. See Tennessee Code 3-6-301
  • Enterprise: means the health, educational or housing operations to be carried on with the facilities of a project. See Tennessee Code 48-101-301
  • Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event date: means the day of an annual event. See Tennessee Code 3-17-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Expenditure: means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, to make an expenditure. See Tennessee Code 3-6-301
  • Expenditure: means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing a measure or the nomination for election or election of any person to public office. See Tennessee Code 2-10-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm operation: means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Tennessee Code 13-11-103
  • Federal government authorization: means approval in writing, whether in the form of statute, regulation, bulletin, manual, or letter signed by an authorized person, approving certain activities under a federal-state program. See Tennessee Code 12-11-102
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • filed: means the date actually deposited with or received by the appropriate office or the date of the postmark if postmarked and sent by registered or certified mail of the United States postal service. See Tennessee Code 2-10-102
  • Financial accounting: means a report of funds collected and expended for the annual event that is filed after completion of an annual event. See Tennessee Code 3-17-102
  • Financial institution: means the term as used in Section 14 of the Iran and Libya Sanctions Act of 1996 (Public Law 104 - 172. See Tennessee Code 12-12-103
  • Financial institution: means any banking corporation or institution, trust company, savings bank, cooperative bank, savings and loan association, insurance company, or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds. See Tennessee Code 48-101-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a nonprofit corporation incorporated under a law other than the law of this state, which would be a nonprofit corporation if formed under the laws of this state. See Tennessee Code 48-101-902
  • Foreign professional corporation: means a corporation or association for profit incorporated for the purpose of rendering professional services under a law other than the law of this state. See Tennessee Code 48-101-603
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Gated facility or community: means a multifamily residential property or commercial or industrial development or compound that has a security gate or barrier to block the entrance to the facility or community from a public street to a private street, parking lot or driveway of the facility or community. See Tennessee Code 13-8-102
  • General services district: means a service district within a metropolitan government whose geographical limits are coextensive with the total area in which the government functions. See Tennessee Code 7-1-101
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: means any payment, honorarium, subscription, loan, advance, forbearance, rendering or deposit of money or services, unless consideration of equal or greater value is received. See Tennessee Code 3-6-301
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the body in which the general legislative powers of a municipal corporation are vested, and in the case of counties means the legislative body of the respective counties. See Tennessee Code 12-10-103
  • Governing body: means the legislative body of a county or the board or other body in which the general legislative powers of a city or town are vested. See Tennessee Code 48-101-301
  • Governing body: means the official or officials authorized by law to exercise ordinance or other law-making power of a municipality. See Tennessee Code 6-54-701
  • Governing body: means the board of governors in the case of a board-managed LLC, the members in the case of a member-managed LLC, and the board of directors in the case of a corporation. See Tennessee Code 48-202-101
  • Governmental authority: means any court or governmental, administrative, legislative, regulatory, adjudicatory, or arbitrational body, agency, commission, department, board, bureau, tribunal, or instrumentality of the United States or of any state, commonwealth, nation, territory, possession, county, parish, or municipality, whether now or hereafter constituted or existing, having or claiming jurisdiction over the subject parcel. See Tennessee Code 13-6-102
  • Governor: means a natural person or entity serving on the board of governors of a board-managed LLC. See Tennessee Code 48-202-101
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Growth plan: means the plan each county must file with the committee by July 1, 2001, as required by §. See Tennessee Code 6-58-101
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Hospital institution: means any city, county, metropolitan government, or other local governmental entity, or any institution organized for-profit or not for profit authorized by law to provide congregate elderly facilities or extended care, hospital, or nursing home facilities in this state, or any finance subsidiary of such hospital institution. See Tennessee Code 48-101-301
  • Hotel: means any structure, or any portion of any structure, that is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist court, tourist camp, tourist cabin, motel, short-term rental unit or any place in which rooms, lodgings or accommodations are furnished to transients for a consideration. See Tennessee Code 7-4-101
  • House of representatives: means the house of representatives of the general assembly. See Tennessee Code 3-18-102
  • Housing: means any multi-family housing facilities to be occupied by persons of low and/or moderate income, and/or elderly, and/or handicapped persons as may be determined by the board of directors, which determination shall be conclusive. See Tennessee Code 48-101-301
  • Immediate family: means a spouse or minor child living in the household. See Tennessee Code 3-6-301
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means an inspector of the department of licenses. See Tennessee Code 6-55-401
  • Institution for higher education: means any institution organized for-profit or not for profit authorized by law to provide a program of education at the primary level, secondary level or beyond the secondary level in this state. See Tennessee Code 48-101-301
  • Interest: means either or both of the following rights under the organic law of an unincorporated entity:
    (A) The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201
  • 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
  • Interested person: means , with respect to a subject parcel, any owner, named trustee, or other person that:
    (A) Holds, or is the assignee of the holder of, a lien against that subject parcel. See Tennessee Code 13-6-102
  • Investigatory audit information: means data obtained pursuant to a finding of probable cause to believe that an employer or lobbyist has violated this part, including information pertaining to the source or amount of employer or lobbyist income, expenditures, receipts, assets, liabilities, net worth, or related financial or proprietary information that is received by, recorded by, prepared by, or collected by or on behalf of the ethics commission during the course of any audit, investigation or other examination undertaken for the purpose of ensuring compliance with, or imposing civil or criminal sanctions for violation of, this part. See Tennessee Code 3-6-301
  • Investment: means a commitment or contribution of funds or property, whatever the source, a loan or other extension of credit, and the entry into or renewal of a contract for goods or services. See Tennessee Code 12-12-103
  • Iran: includes the government of Iran and any agency or instrumentality of Iran. See Tennessee Code 12-12-103
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint federal-state program: means any program authorized by the statutes and/or regulations of the United States and the state of Tennessee where both governments supervise, authorize, and/or fund a program to provide money, goods, or assistance to residents of the state of Tennessee. See Tennessee Code 12-11-102
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint review process: means the process provided by §. See Tennessee Code 13-18-102
  • Joint review staff: means those persons from involved agencies who are designated to staff the joint review team. See Tennessee Code 13-18-102
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • knowing: means actual awareness of the falsity or deception, but actual awareness may be inferred when objective manifestations indicate that a reasonable person would have known or would have reason to know of the falsity or deception. See Tennessee Code 48-101-501
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Law: includes rules promulgated in accordance with §. See Tennessee Code 48-101-603
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead state agency: means the department or agency of the state determined by the governor to be most involved in the joint review process. See Tennessee Code 13-18-102
  • Lease: includes a lease containing an option to purchase the project for a nominal sum upon payment in full, or provision therefor, of all bonds issued in connection with the project and all interest thereon and all other expenses in connection with the project, and a lease containing an option to purchase the project at any time, as provided therein, upon payment of the purchase price which shall be sufficient to pay all bonds issued in connection with the project and all interest thereon and all other expenses incurred in connection with the project, but which payment may be made in the form of one (1) or more notes, debentures, bonds, or other secured or unsecured debt obligations of the lessee providing for timely payments, including, but not limited to, interest thereon sufficient for such purposes and delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 48-101-301
  • 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
  • Legislative action: means introduction, sponsorship, debate, voting or any other nonministerial official action or nonaction on any bill, resolution, amendment, nomination, appointment, report or any other matter pending or proposed in a legislative committee or in either house of the general assembly. See Tennessee Code 3-6-301
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means any municipal corporation, the state of Tennessee, the United States, or any agency, authority, branch, bureau, commission, corporation, department or instrumentality thereof now or hereafter existing. See Tennessee Code 12-10-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued pursuant to this part. See Tennessee Code 6-55-401
  • Licensee: means any person to whom a license has been issued pursuant to this part. See Tennessee Code 6-55-401
  • Licensing authority: means the officer, board, agency, court or other authority in this state empowered to license or otherwise authorize the rendition of a professional service. See Tennessee Code 48-101-603
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • LLC: means a limited liability company, foreign or domestic, organized under or subject to the Tennessee Limited Liability Company Act, compiled in chapters 201-248 of this title. See Tennessee Code 48-101-702
  • LLC: means a limited liability company, whether foreign or domestic, that is formed under, that is subject to, or that has elected to be governed by, as applicable, the Tennessee Revised Limited Liability Company Act, compiled in chapter 249 of this title, except where expressly indicated otherwise. See Tennessee Code 48-101-802
  • Loan agreement: means an agreement providing for an authority to loan the proceeds derived from the issuance of bonds pursuant to this chapter to one (1) or more contracting parties to be used to pay the cost of one (1) or more projects and providing for the repayment of such loan by the other contracting party or parties, and which may provide for such loans to be secured by or evidenced by one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the contracting party or parties, delivered to the authority or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 12-10-103
  • Loan agreement: means an agreement providing for a corporation to loan the proceeds derived from the issuance of bonds pursuant to this part to one (1) or more contracting parties to be used to pay the cost of one (1) or more projects and providing for the repayment of such loan by the other contracting party or parties, and which may provide for such loans to be secured or evidenced by one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the contracting party or parties, delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 48-101-301
  • Loan limit: means , for any member, the maximum amount permitted to be outstanding at one (1) time on loans made by such member to the corporation, as determined under this part. See Tennessee Code 48-101-102
  • lobby: includes communications by the contractor, subcontractor or other representative, and the contractor, subcontractor or other representative shall comply with the lobbying registration and other provisions of this part pertaining to lobbyists. See Tennessee Code 3-6-301
  • Lobbying firm: means any firm, corporation, partnership or other business entity that regularly supplies lobbying services to others for compensation. See Tennessee Code 3-6-301
  • Lobbyist: means any person who engages in lobbying for compensation. See Tennessee Code 3-6-301
  • Local agency: means any political subdivision of the state or any department, agency, or instrumentality of a political subdivision of the state or any department, agency, or instrumentality of two (2) or more political subdivisions of the state when carrying out or undertaking programs or projects with federal or state financial assistance. See Tennessee Code 13-11-103
  • Local government: means any government body, including any municipality, county, or utility district or any political subdivision of this state. See Tennessee Code 13-18-102
  • Local government joint venture entity: means any entity created pursuant to this chapter, including, but not limited to, a self-insurance pool, trust, joint venture, nonprofit organization, or any other type of organization that is sponsored, owned, operated, or governed by two (2) or more local government entities as a separate and specific activity. See Tennessee Code 12-9-103
  • Local public office: means any state, county, municipal, school or other district or precinct office or position, including general sessions and juvenile court judges, that is filled by the voters, with the exception that "local public office" does not include any state public office as defined in subdivision (13)(B). See Tennessee Code 2-10-102
  • Local transfer and storage business: means the business of transferring and/or storing for a profit the household goods and effects of another within the confines of the territorial limits of the municipality adopting this part. See Tennessee Code 6-54-701
  • Major energy project: means any project at one (1) physical location which has been determined by the contact agency to be in the state interest pursuant to its authority under §. See Tennessee Code 13-18-102
  • Manager: means a person elected, appointed, or otherwise designated as a manager by the governing body, and any other person considered elected as a manager pursuant to §. See Tennessee Code 48-202-101
  • Measure: means any proposal submitted to the people of the entire state, or any political subdivision of the state, for their approval or rejection at an election, including any proposed law, act or part of an act of the general assembly, or revision of or amendment to the constitution. See Tennessee Code 2-10-102
  • Member: means any financial institution authorized to do business within this state which shall undertake to lend money to a corporation created under this part, upon its call, and in accordance with this part. See Tennessee Code 48-101-102
  • Member: means a person reflected in the required records of an LLC as the owner of some governance rights of a membership interest of the LLC. See Tennessee Code 48-202-101
  • Membership: means the rights and obligations a member has pursuant to a corporation's charter, bylaws and chapters 51-68 of this title. See Tennessee Code 48-51-201
  • Metropolitan council: means the council of a county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-4-201
  • Metropolitan government: means any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-4-201
  • Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Minority-owned business: means a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of the business and who is impeded from normal entry into the economic mainstream because of:
    (A) Past practices of discrimination based on race, religion, ethnic background, or sex. See Tennessee Code 7-4-201
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Multicandidate political campaign committee: means a political campaign committee to support or oppose two (2) or more candidates for public office or two (2) or more measures. See Tennessee Code 2-10-402
  • Multicandidate political campaign committee: means a political campaign committee to support or oppose two (2) or more candidates for public office or two (2) or more measures. See Tennessee Code 2-10-102
  • Municipal corporation: means any county, metropolitan government, incorporated city or town, utility district, school district, power district, sanitary district or other municipal, quasi-municipal or governmental body or political subdivision in this state, and any agency, authority, branch, bureau, commission, corporation, department or instrumentality thereof now or hereafter authorized by law to be created. See Tennessee Code 12-10-103
  • Municipal corporation: means any incorporated city or any county, including any county having a metropolitan form of government, and the code enforcement department or agency or other unit responsible for enforcing building and property conditions in the territorial jurisdiction of the city or county. See Tennessee Code 13-6-102
  • Municipal corporation: means an incorporated city or town. See Tennessee Code 7-1-101
  • municipalities: means any incorporated city or cities, or town or towns, and does not include any utility district, sanitary district, school district, or other public service district, whether organized under public or private acts. See Tennessee Code 6-51-101
  • municipalities: refers to incorporated cities and towns in this state. See Tennessee Code 6-51-401
  • Municipality: means any county, incorporated city or town or utility district in this state with respect to which an authority may be organized. See Tennessee Code 12-10-103
  • Municipality: means and includes any city or town organized and operating under the general or special laws of the state. See Tennessee Code 6-54-501
  • Municipality: means any incorporated city or incorporated town of this state, with a population in excess of four hundred thousand (400,000), according to the federal census of 1960 or any subsequent federal census. See Tennessee Code 6-54-701
  • Municipality: means any county or incorporated city or town in this state with respect to which a corporation may be organized. See Tennessee Code 48-101-301
  • Municipality: means any municipality having its own employees retirement system or pension plan. See Tennessee Code 6-54-801
  • Municipality: means any incorporated city or any incorporated town. See Tennessee Code 6-55-401
  • Mutual benefit corporation: means a domestic corporation which becomes by operation of law a mutual benefit corporation pursuant to §. See Tennessee Code 48-101-902
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • 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.
  • Nonprofit corporation: means any nonprofit corporation that has been duly organized and is in good standing under the laws of this state. See Tennessee Code 13-6-102
  • Nonprofit corporation: means a nonprofit corporation, whether foreign or domestic, incorporated pursuant to or subject to chapters 51-68 of this title and exempt from franchise and excise tax as not-for-profit as defined in §. See Tennessee Code 48-101-802
  • nonprofit LLC: means a limited liability company:
    (A) That is disregarded as an entity for federal income tax purposes. See Tennessee Code 48-101-702
  • Nonprofit organization: means :
    (A) A 501(c)(3) organization that is exempt from federal income taxation under §. See Tennessee Code 3-17-102
  • Notice: means publication in a newspaper of general circulation in the municipality at least seven (7) days in advance of a hearing. See Tennessee Code 6-51-101
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Oath: A promise to tell the truth.
  • 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.
  • Occupancy: means the use or possession, or the right to the use or possession, of any room, lodgings or accommodations in a hotel for a period of less than thirty (30) continuous days. See Tennessee Code 7-4-101
  • Officer: means the mayor, aldermen, city attorney and city judge. See Tennessee Code 6-1-101
  • Official in the executive branch: means the governor, any member of the governor's staff, any member or employee of a state regulatory commission, including, without limitation, commissioners of the Tennessee public utility commission, or any member or employee of any executive department or agency or other state body in the executive branch. See Tennessee Code 3-6-301
  • Official in the legislative branch: means any member, member-elect, any staff person or employee of the general assembly or any member of a commission established by and responsible to the general assembly or either house of the general assembly who takes legislative action. See Tennessee Code 3-6-301
  • Older residential neighborhood: means an area where a majority of the residential property was constructed fifty (50) years or more prior to April 22, 2004. See Tennessee Code 13-5-102
  • Operating contract: means the written undertaking whereby the authority and a municipal corporation contract respecting construction of improvements upon and/or for the operation and maintenance of property owned by or leased by other than the authority to the municipal corporation. See Tennessee Code 12-10-103
  • Operator: means the person operating the hotel, whether as owner, lessee or otherwise. See Tennessee Code 7-4-101
  • other contracting party: means any party to a sale contract or loan agreement except the authority. See Tennessee Code 12-10-103
  • other contracting party: means any party to a sale contract or loan agreement except the corporation. See Tennessee Code 48-101-301
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means one (1) or more persons, jointly or severally, in whom is vested:
    (A) All or part of the legal title to property. See Tennessee Code 13-5-102
  • Owner: means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to, or beneficial ownership of, the subject parcel. See Tennessee Code 13-6-102
  • Owners: means members in the case of an LLC, shareholders in the case of a corporation, partners in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
  • Ownership interests: means membership interests in the case of an LLC, shares in the case of a corporation, partnership interests in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
  • Paired delegate: means the delegate with whom an alternate delegate is paired as provided by this chapter. See Tennessee Code 3-18-102
  • Parent nonprofit corporation: means a nonprofit corporation that is the sole member of a nonprofit corporation. See Tennessee Code 48-101-702
  • Parent nonprofit corporation: means a nonprofit corporation that is the sole member of a nonprofit corporation. See Tennessee Code 48-101-802
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • pension plan: means an existing system or plan by which a municipality is paying or will pay the retired employees of its fire department or police department a retirement allowance after such employees have complied with certain conditions or requirements of employment or service to the municipality. See Tennessee Code 6-54-801
  • Performance audit: means a review of the procedures followed to conduct the election. See Tennessee Code 2-20-101
  • Person: means an individual, limited liability company, partnership, limited liability partnership, committee, association, labor organization or any other organization or group of persons, but does not mean a corporation or the executive officers or other representatives of a corporation. See Tennessee Code 2-10-402
  • Person: means any individual, organization, trust, foundation, group, association, partnership, limited liability company, corporation, society, or any combination of them, or any other entity. See Tennessee Code 3-17-102
  • Person: means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. See Tennessee Code 7-4-101
  • Person: means any individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. See Tennessee Code 3-6-301
  • Person: means any of the following:
    (A) A natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group. See Tennessee Code 12-12-103
  • Person: means an individual, partnership, committee, association, corporation, labor organization or any other organization or group of persons. See Tennessee Code 2-10-102
  • Person: includes individual and entity. See Tennessee Code 48-202-101
  • Person: means any individual, firm, corporation, association, trust, partnership, joint venture, limited liability company, governmental authority, or other entity. See Tennessee Code 13-6-102
  • Person: means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them. See Tennessee Code 48-101-501
  • Person: means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, business organization, receiver, trustee, syndicate, or any other group or combination acting as a unit. See Tennessee Code 7-4-201
  • Person: means and includes, but is not limited to, a partnership, company, corporation, association, individual, or family who is undertaking programs or projects with federal financial assistance, or such other person, business or farm operation which is entitled to any financial or other benefit as a result of federal financial assistance, or the undertaking of any program or project by a state agency. See Tennessee Code 13-11-103
  • Person: means any individual, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, nonprofit institution or any entity organized for a common purpose, and any instrumentality of state or local government. See Tennessee Code 13-18-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Planned growth area: means an area established in conformance with §. See Tennessee Code 6-58-101
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political campaign committee: means :
    (A) Any corporation or any other organization making expenditures, except as provided in subdivision (4), to support or oppose a measure. See Tennessee Code 2-10-102
  • 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.
  • Precinct-based optical scanner: means an optical ballot scanner that is located in the precinct and into which optical scan voter-verified paper ballots, marked either by hand by the voter or with the assistance of a device, are inserted to count the voter verified paper ballot. See Tennessee Code 2-20-101
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal city: means :
    (A) That municipal corporation having the largest population of any municipality in a particular county. See Tennessee Code 7-1-101
  • Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Tennessee Code 48-11-201
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
  • Professional corporation: means a corporation for profit, other than a foreign professional corporation, subject to this part. See Tennessee Code 48-101-603
  • Professional service: means a service that may be lawfully rendered only by a person licensed or otherwise authorized by a licensing authority in this state to render the service, and that may not be lawfully rendered by a corporation under the Tennessee Business Corporation Act, compiled in chapters 11-27 of this title. See Tennessee Code 48-101-603
  • Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, whether such solicitation is performed personally or through such person's agents, servants or employees or through agents, servants or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on or advises a charitable organization in connection with the solicitation of contributions. See Tennessee Code 48-101-501
  • Project: includes an undertaking whereby a municipal corporation contracts with an authority respecting construction of improvements upon and/or for the operation and maintenance of property owned by or leased by other than the authority to the municipal corporation. See Tennessee Code 12-10-103
  • project: means the purchase of the accounts receivable of any hospital institution. See Tennessee Code 48-101-301
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means :
    (A) Any political subdivision of this state. See Tennessee Code 12-9-103
  • Public benefit corporation: means a domestic corporation which becomes by operation of law a public benefit corporation pursuant to §. See Tennessee Code 48-101-902
  • public building authority: means any public corporation organized pursuant to this chapter. See Tennessee Code 12-10-103
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public nuisance: means any building that is:
    (A) A menace to the public health, welfare, or safety. See Tennessee Code 13-6-102
  • Public office: means any state public office or local public office filled by the voters. See Tennessee Code 2-10-102
  • public record: include the state laws, rules or regulations of any state other than the state of Tennessee. See Tennessee Code 6-54-501
  • Published: means printed, lithographed, multigraphed, or otherwise reproduced. See Tennessee Code 6-54-501
  • Qualified buyer: means any person determined by the court to be a certified person as provided in §. See Tennessee Code 13-6-102
  • Qualified person: means an individual, general partnership or professional corporation to whom shares under this part may be issued. See Tennessee Code 48-101-603
  • Quorum: The number of legislators that must be present to do business.
  • Random audit information: means information obtained pursuant to an examination of a lobbyist's employment contract, job description or other documentation in order to determine that no contingency fee arrangement prohibited under §. See Tennessee Code 3-6-301
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Receiver: means any certified person appointed by the court for the purpose of preserving or improving the subject parcel and all of the powers of a receiver appointed for tax enforcement pursuant to §. See Tennessee Code 13-6-102
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • relative: means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household. See Tennessee Code 3-1-202
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: means a governor, manager, employee or other agent of a foreign LLC. See Tennessee Code 48-202-101
  • 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
  • Residential dwelling: means a cabin, house, or structure used or designed to be used as an abode or home of a person, family, or household, and includes a single-family dwelling, a portion of a single-family dwelling, or an individual residential dwelling in a multi-dwelling building, such as an apartment building, condominium, cooperative, or timeshare. See Tennessee Code 7-4-101
  • Residential property: means a subject parcel that includes one (1) or more dwelling units that is owner-occupied and the owner's principal place of residence, or that is otherwise intended for single-family residential use. See Tennessee Code 13-6-102
  • Residential real property: means a building located in an older residential neighborhood consisting of one (1) dwelling unit in which the owner of the real property resides as the owner's principal place of residence. See Tennessee Code 13-5-102
  • Residential rental property: means a building or structure located in an older residential neighborhood containing one (1) or two (2) dwelling units that are rented. See Tennessee Code 13-5-102
  • Residential rental property: means a building or structure consisting of one (1) or two (2) dwelling units. See Tennessee Code 13-6-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retired employee: means any person who has been a paid employee in the fire department or police department of any municipality and who, on the adoption of this part, is receiving from such municipality a retirement allowance based upon such person's service in such department. See Tennessee Code 6-54-801
  • Retirement allowance: means the monthly payment for life made to a retired employee or the retired employee's survivors or beneficiaries under a municipal employees retirement system or pension plan. See Tennessee Code 6-54-801
  • revenue bonds: means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter. See Tennessee Code 12-10-103
  • Risk-limiting audit: means a protocol which checks a random sample of ballots chosen by statistical methods. See Tennessee Code 2-20-101
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Rural area: means an area established in conformance with §. See Tennessee Code 6-58-101
  • Sale contract: means a contract providing for the sale of one (1) or more projects to one (1) or more contracting parties and includes a contract providing for payment of the purchase price in one (1) or more installments. See Tennessee Code 12-10-103
  • Sale contract: means a contract providing for the sale of one (1) or more projects to one (1) or more contracting parties and includes a contract providing for payment of the purchase price in one (1) or more installments. See Tennessee Code 48-101-301
  • Sales: means the sale or any offer to sell to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. See Tennessee Code 6-55-401
  • 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
  • Secretary: means the secretary of state or the secretary of state's authorized representative. See Tennessee Code 3-17-102
  • Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
  • Secretary of state: means the secretary of state or the secretary of state's designee. See Tennessee Code 2-10-102
  • Secretary of state: means the secretary of state or the secretary of state's authorized representative. See Tennessee Code 48-101-501
  • Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
  • Security gate or barrier: means a gate or barrier, electrically operated, that controls the passage of authorized vehicles and persons from a public street to access roads, driveways or parking lots of the gated facility or community. See Tennessee Code 13-8-102
  • Senate: means the senate of the general assembly. See Tennessee Code 3-18-102
  • Series: means a category of membership interests, within a class of membership interests, that have some of the same rights and preferences as other membership interests within the same class, but that differ in one (1) or more rights and preferences from another category of membership interests within that class. See Tennessee Code 48-202-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Tennessee Code 48-11-201
  • Short-term rental unit: means a residential dwelling that is rented wholly or partially for a fee for a period of less than thirty (30) continuous days and does not include a hotel as defined in §. See Tennessee Code 7-4-101
  • Short-term rental unit marketplace: means a person or entity, excluding a vacation lodging service, that provides a platform for compensation, through which a third party offers to rent a short-term rental unit to an occupant. See Tennessee Code 7-4-101
  • signature: means , with present intent to authenticate or adopt a document:
    (A) To execute or adopt a tangible symbol to a document, and includes any manual, facsimile, or conformed signature. See Tennessee Code 48-11-201
  • 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
  • smaller: refer to population and not area. See Tennessee Code 6-51-101
  • Smaller city: means any municipal corporation other than the principal city. See Tennessee Code 7-1-101
  • Solicit: means to entreat, to implore, to ask, to attempt, or to try to obtain. See Tennessee Code 3-6-301
  • solicitation: means any oral or written request, however communicated, whether directly or indirectly, for a contribution. See Tennessee Code 48-101-501
  • Special flood hazard area: means the land area covered by the floodwaters of the base flood on NFIP maps. See Tennessee Code 6-58-101
  • Standing committee: means any standing committee, or subcommittee thereof, of the general assembly created by the rules of proceedings of the house of representatives or the senate. See Tennessee Code 3-4-104
  • State: means a state of the United States. See Tennessee Code 12-9-103
  • State: means a state of the United States. See Tennessee Code 12-11-102
  • 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 agency: means each state board, commission, department, executive department or office, institution, and instrumentality. See Tennessee Code 12-12-103
  • State agency: means any department, agency, or instrumentality of the state when carrying out or undertaking programs or projects with or without federal financial assistance, or when providing state financial assistance. See Tennessee Code 13-11-103
  • State financial assistance: means a grant, loan, or contribution provided by the state, except any state guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the state. See Tennessee Code 13-11-103
  • State public office: means the offices of governor, member of the general assembly, delegate to a Tennessee constitutional convention, trial judge, chancellor, district attorney general, district public defender, judge of the court of criminal appeals, judge of the court of appeals and supreme court judge. See Tennessee Code 2-10-102
  • Statute: A law passed by a legislature.
  • Subject parcel: means a tract or item of real or personal property that becomes subject to the jurisdiction of a court pursuant to this chapter. See Tennessee Code 13-6-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Subsidiary: means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other wholly-owned subsidiaries. See Tennessee Code 48-11-201
  • Subsidiary nonprofit corporation: means a nonprofit corporation whose sole member is a nonprofit corporation. See Tennessee Code 48-101-702
  • Subsidiary nonprofit corporation: means a nonprofit corporation, the sole member of which is also a nonprofit corporation. See Tennessee Code 48-101-802
  • Substandard residential rental property: means residential rental property where the dwelling unit or improvements within the dwelling unit, which by reason of dilapidation, obsolescence, faulty arrangement or design, lack of ventilation, light and sanitary facilities, deleterious land use, or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. See Tennessee Code 13-5-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tax collection official: means the department of finance of the county or municipality, as applicable, or the county clerk, if so designated by ordinance of the legislative body of any municipality having a metropolitan form of government and a population of more than four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census. See Tennessee Code 7-4-101
  • Tax collection official: means the department of finance of the county or municipality, as applicable, or the county clerk, if so designated by ordinance of the legislative body of any municipality having a metropolitan government. See Tennessee Code 7-4-201
  • Teacher: means any person employed in a public school system as a teacher, helping teacher, teacher's aide, librarian, principal, supervisor, director of schools, or member of the administrative staff. See Tennessee Code 2-19-201
  • team: means a coordinating group organized to conduct the joint review process on a major energy project. See Tennessee Code 13-18-102
  • Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • This charter: refers to chapters 30-36 of this title. See Tennessee Code 6-30-102
  • Top race: means the presidential race, if the presidential race is on the ballot, or the governor's race, if the governor's race is on the ballot. See Tennessee Code 2-20-101
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tourism: means the planning and conducting of programs of information and publicity designed to attract to the county tourists, visitors and other interested persons from outside the area and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the area for the same purposes. See Tennessee Code 7-4-101
  • Tourist commission: means a seven-person body established subject to the same local organic law as other boards and commissions established by the charter of the metropolitan government. See Tennessee Code 7-4-101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer and storage regulatory board: means any regulatory board created pursuant to §. See Tennessee Code 6-54-701
  • Transient: means any person who exercises occupancy or is entitled to occupancy for any rooms, lodgings or accommodations in a hotel for a period of less than thirty (30) days. See Tennessee Code 7-4-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Type of lottery game: means a game of chance played by a person eighteen (18) years of age or older, including bingo, raffles, reverse raffles, cakewalks and cakewheels, but expressly prohibiting pulltabs, punchboards, instant bingo, video lottery, instant and online lottery games of a type operated by the Tennessee education lottery corporation, keno and games of chance associated with casinos including, but not limited to, slot machines, roulette wheels, and the like. See Tennessee Code 3-17-102
  • United States: means the federal government of the United States or any federal agency as defined under federal law. See Tennessee Code 12-11-102
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201
  • Urban growth boundary: means a line encompassing territory established in conformance with §. See Tennessee Code 6-58-101
  • Urban services district: means a service district within a metropolitan government in which are furnished by the metropolitan government municipal services additional to those provided in the general services district. See Tennessee Code 7-1-101
  • Vacation lodging service: means a person or entity that is engaged in the business of providing the services of management, marketing, booking, and rental of short-term rental units. See Tennessee Code 7-4-101
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • video lottery: means a lottery that allows a game to be played utilizing an electronic computer and an interactive terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins or currency as consideration in order for play to be available, and through which terminal device, the player may receive free games or a voucher that can be redeemed for a cash or non-cash prize, or nothing, determined wholly or predominantly by chance. See Tennessee Code 3-17-102
  • Ward: means a geographical subdivision of the municipality established for the purpose of securing representation on the board. See Tennessee Code 6-1-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • written: means any information in the form of a document. See Tennessee Code 48-11-201
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105