(a)

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Terms Used In Tennessee Code 45-15-109

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Commissioner: means the commissioner of financial institutions or the commissioner's designated representative. See Tennessee Code 45-15-103
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Department: means the department of financial institutions. See Tennessee Code 45-15-103
  • 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.
  • 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.
  • 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
  • Title pledge lender: means any person engaged in the business of making title pledge agreements or property pledge agreements with pledgors. See Tennessee Code 45-15-103
  • 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
(1) Each title pledge lender shall notify the commissioner fifteen (15) days prior to any change in the principal place of business of a title pledge lender.
(2) Each title pledge lender shall notify the commissioner in writing within fifteen (15) days of any change among the president, chief executive officer, treasurer or chief financial officer, or among the general partners or partners of a title pledge lender.
(b) Within fifteen (15) days of the occurrence of any one (1) of the events listed in subdivisions (b)(1)-(6), a title pledge lender shall file a written report with the commissioner describing the event and its expected impact on the activities of the title pledge lender in the state:

(1) The filing for bankruptcy or reorganization by the title pledge lender;
(2) The institution of administrative proceedings, including any revocation or suspension proceedings, against the title pledge lender by any state or governmental authority;
(3) The denial of the opportunity to engage in business by any state or governmental authority;
(4) Any felony indictment of the title pledge lender or any of its officers, directors or principals;
(5) Any felony conviction of the title pledge lender or any of its officers, directors or principals; and
(6) Other events that the commissioner may determine and identify by rule.
(c)

(1) Each title pledge lender shall file a report with the commissioner on the date of submission of the renewal application required under § 45-15-106(i), in every odd-numbered year containing the following information:

(A) The names and addresses of persons owning controlling interest in each title pledge lender;
(B) The location of all places of business operated by the title pledge lender and the nature of the business conducted at each location;
(C) The names and addresses of all affiliated entities regulated under this title, doing business in this state;
(D) Balance sheets, statements of income and expense, prepared by a certified public accountant or public accounting firm not affiliated with the title pledge lender, and other statistical information that may be reasonably required by the commissioner, consistent with generally accepted accounting practices, for the purpose of determining the general results of operations under this chapter; and
(E) If the title pledge lender is a corporation, the names and addresses of its officers and directors; if the title pledge lender is a partnership, the names and addresses of the partners; and if the title pledge lender is a limited liability company, the names and addresses of the board of governors of the limited liability company.
(2) If the title pledge lender holds two (2) or more licenses or is affiliated with other title pledge lenders, a composite report may be filed, but may not be required.
(3) All reports shall be filed in a form that may reasonably be required by the commissioner and shall be sworn to by a responsible officer of the title pledge lender.
(4) The information submitted by title pledge lenders pursuant to this subsection (c) shall be confidential and may not be disclosed or distributed outside the department by the commissioner, except that the commissioner is authorized to disclose confidential information to any local, state or federal agency, as the commissioner deems proper.
(5) The commissioner shall submit to the governor and general assembly, a biennial analysis and recapitulation of the reports for the preceding calendar year, for the purpose of reflecting the general results of operations under this chapter.
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