Unless the governing instrument, court order, or a statute specifically directs otherwise, a bank or trust company serving as trustee, guardian, agent, or in any other fiduciary capacity may invest in any security authorized by this chapter even if that fiduciary or an affiliate of that fiduciary, as defined in [former] § 35-3-117(d) [repealed], participates or has participated as a member of a syndicate underwriting the security, if:

(1) The fiduciary does not purchase the security from itself or its affiliate; and
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Terms Used In Tennessee Code 35-3-121

  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
(2) The fiduciary does not purchase the security from another syndicate member or an affiliate, pursuant to an implied or express agreement between the fiduciary or its affiliate and a selling member or its affiliate, to purchase all or part of each other’s underwriting commitments.
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