(a)Application.

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Terms Used In Tennessee Code 45-2-2002

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Commissioner: means the commissioner of financial institutions. See Tennessee Code 45-1-103
  • Department: means the department of financial institutions. See Tennessee Code 45-1-103
  • Designated ancestor: means one (1) or more ancestors of the family designated as such in the application submitted under this part. See Tennessee Code 45-2-2001
  • Family member: means a designated ancestor and:
    (i) An individual within the twelfth degree of lineal kinship of a designated ancestor. See Tennessee Code 45-2-2001
  • Inter vivos: Transfer of property from one living person to another living person.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Person: means an individual, corporation, firm, trust, estate, partnership, joint venture, or association. See Tennessee Code 45-1-103
  • Private trust company: means a company that is a private trust company as set forth in §. See Tennessee Code 45-1-103 v2
  • 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
  • Trust company: means a state trust company or any other company chartered to act as a fiduciary that is neither a depository institution nor a foreign bank. See Tennessee Code 45-1-103
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) A private trust company requesting an exemption from provisions of the Banking Act shall file an application with the commissioner containing the following:

(A) A nonrefundable application fee as set by the department;
(B) A detailed statement under oath showing the private trust company‘s assets and liabilities as of the end of the month previous to the filing of the application;
(C) A statement under oath of the reason for requesting the exemption;
(D) A statement under oath that the private trust company is not currently transacting business with the public and that the company will not conduct business with the public without the prior written permission of the commissioner;
(E) The current street mailing address and telephone number of the physical location in this state at which the private trust company will maintain its books and records, together with a statement under oath that the address given is true and correct and is not a United States postal service post office box or a private mail box, postal box, or mail drop;
(F) A listing of the specific provisions for which the request for exemption is made; and
(G) A statement under oath of the name of the individual who will be the designated ancestor of the private trust company.
(2) The commissioner shall not approve a private trust company exemption unless the application is completed as required in this section.
(b)Requirements. To maintain status as an exempt private trust company under this chapter, the private trust company shall comply with the following:

(1) An exempt private trust company shall not transact business with the public;
(2) An exempt private trust company shall file an annual certification that it is maintaining the conditions and limitations of its exempt status. This annual certification shall be filed on a form provided by the commissioner and be accompanied by a fee determined by the department. The annual certification shall be filed on or before June 30 of each year. The commissioner may examine or investigate the private trust company, at the company’s expense, periodically as necessary to verify the certification; and
(3) An exempt private trust company shall comply with the principal office provisions, address and telephone requirements of this section.
(c)Change of Control.

(1) Control of an exempt private trust company may not be transferred or sold with exempt status. In any change of control, the acquiring control person must comply with this chapter, and the exempt status of the private trust company shall automatically terminate upon the effective date of the transfer. A separate application for exempt status must be filed if the acquiring person wishes to obtain or continue an exemption pursuant to this section.
(2) For the purposes of this part, a transfer of control of an exempt private trust company to a family member shall not be a change of control resulting in the termination of private trust company’s exempt status regardless of whether the transfer is:

(A) Direct or indirect;
(B) Inter vivos; or
(C) A result of death.
(3) For purposes of this part, if an exempt private trust company is controlled by a trust, then a change in the trusteeship of the trust, for any reason, including the addition of a new co-trustee, is not deemed a change of control that results in the termination of the private trust company’s exempt status.
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