Tennessee § 45-2-1901 - Part definitions.

§ 45-2-1901. Part definitions.

As used in this part, unless the context otherwise requires: “Control” has the meaning set forth in 12 U.S.C. § 1841(a)(2); “Credit card state bank” means a state bank chartered under the laws of Tennessee and whose principal office is in this state and the activities of which are limited to those permitted under § 45-2-1902; “Domestic holding company” means a company or other affiliate, that either: Controls a domestic or foreign lender and has its principal place of business in this state; or [Deleted effective July 1, 2020.] [Deleted effective July 1, 2020.] Effective July 1, 2020, subdivisions (3)(A)(ii) and (3)(B) are hereby deleted. Also effective July 1, 2020, the language “, itself or through its parent company, subsidiary, or other affiliate,” in subdivision (3)(A) is hereby deleted. However, any company that organized pursuant to subdivision (3)(A)(ii) or (3)(B), and this part prior to July 1, 2020, and that continues to own or control a credit card state bank after July 1, 2020, shall retain authority to own or control a credit card state bank under the terms and conditions provided in this part; “Domestic lender” means any bank, savings and loan association, savings bank, or credit union organized and supervised under the laws of this state or the United States, that has its principal place of business in this state or any other business organization that is authorized by law to accept deposits and make loans and has its principal place of business in this state; “Foreign lender” means any bank, savings and loan association, savings bank, credit union, organized or chartered under the laws of the United States, or any state other than this state, or the District of Columbia, that has its principal place of business outside this state, or any other business organization that is authorized by law to accept deposits and make commercial loans and has its principal place of business outside this state; “Holding company” means any company that controls a domestic or foreign lender; and “Qualifying organization” means a corporation, partnership, or other entity that at all times maintains an office in this state, at which it employs at least one hundred (100) persons residing in this state, and that is directly engaged in providing the following services, either for the qualifying organization or on behalf of other domestic or foreign lenders or credit card state banks: The distribution of credit cards or other devices designed and effective to access credit card accounts; The preparation of periodic statements of amounts due under credit card accounts; The receipt from credit card holders of amounts paid on or with respect to the accounts; and The maintenance of financial records reflecting the status of the accounts from time to time. “Qualifying organization” also includes any domestic bank or credit card bank satisfying the employment and activities requirements set forth in this subdivision (7)(D). Acts 1993, ch. 447, § 4; 2007 ch. 6, §§ 1, 4; 2012, ch. 646, § 1; 2015, ch. 230, §§ 1, 2; 2018, ch. 550, § 1. Compiler's Notes. Acts 2007, ch. 6, § 4 provided that the provisions of the act shall sunset effective July 1, 2012, unless reenacted or extended by the general assembly prior to that date; however, any company that has organized and continues to own or control a credit card state bank pursuant to the provisions of the act on July 1, 2012, shall retain the authority to own or control a credit card state bank under the terms and conditions provided in title 45, chapter 2, part 19. Acts 2012, ch. 646, § 1 reenacted and extended the provisions of Acts 2007, ch. 6, § 4 until July 1, 2015, effective June 30, 2012. Cross-References. Negotiable instruments, title 47, ch. 3.