LegalFix

§ 45-2-107. Acquisition, formation or control of banks and savings institutions.

TN Code § 45-2-107 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)

(1) As used in this subsection (a), unless the context otherwise requires:

(A) “Bank” means any company that accepts deposits in Tennessee that are eligible for insurance under the Federal Deposit Insurance Act, 12 U.S.C. § 1811 et seq.;

(B) “Bank holding company” means any company that is a bank holding company under the Bank Holding Company Act of 1956, 12 U.S.C. § 1841 et seq.;

(C) “Banking institution” means any institution organized under this title, or under title 12, chapter 2 of the United States Code;

(D) “Company” has the meaning set forth in subsection 2(b) of the Bank Holding Company Act of 1956, 12 U.S.C. § 1841(b); and

(E) “Control” has the meaning as set forth in subdivisions 2(a)(2) and (3) of the Bank Holding Company Act of 1956, codified in 12 U.S.C. § 1841(a) (2) and (3).

(2) No bank holding company or other banking institution shall acquire, form or control a bank, as defined herein, unless the bank:

(A) Accepts deposits in Tennessee that the depositor has a legal right to withdraw on demand; and

(B) Engages in the business of making commercial loans in Tennessee.

(3) No company that is not a bank holding company shall acquire, form or control a bank.

(4) If any person has engaged or proposes to engage in a transaction that is not permitted under this section, the commissioner shall apply, and any other interested person, which shall include, but not be limited to, any Tennessee bank or Tennessee bank holding company, may apply, for equitable relief, including, but not limited to, a permanent or temporary injunction or restraining order, to the chancery court of Davidson County, or any other chancery court having jurisdiction or any court of the United States having jurisdiction.

(5) Nothing in this section shall prohibit the ownership or control of a bank by an entity that is not a bank holding company, if:

(A) The bank received a charter under this chapter, or its predecessor, prior to January 1, 1920; and

(B) The ownership or control of the bank by the entity that is not a bank holding company existed prior to July 1, 1983.

(b)

(1) As used in this subsection (b), as distinguished from subsection (a) relating to banks, unless the context otherwise requires:

(A) “Company” has the meaning set forth in subdivision (a)(1)(C) of the Savings and Loan Holding Company Amendments of 1967, 12 U.S.C. § 1730a et seq. [repealed];

(B) “Control” has the meaning set forth in subdivision (a)(2) of the Savings and Loan Holding Company Amendments of 1967, 12 U.S.C. § 1730a et seq. [repealed];

(C) “Savings and loan holding company” means any company that is a savings and loan holding company under the Savings and Loan Holding Company Amendments of 1967, 12 U.S.C. § 1730a et seq. [repealed]; and

(D)

(i) “Savings institutions” means any institution organized under chapter 3 of this title, or under title 12, chapter 12 of the United States Code; and

(ii) “Savings institutions” means a savings and loan association or a savings bank, state or federal, eligible for insurance under the Federal Savings and Loan Insurance Act, 12 U.S.C. § 1724 et seq. [repealed].

(2) No savings and loan holding company or other savings institution shall acquire, form, or control a savings institution, as defined herein, unless the savings institution:

(A) Accepts deposits in Tennessee that the depositor has a legal right to withdraw on demand; and

(B) Engages in the business of making commercial loans in Tennessee.

(3) No company that is not a savings and loan holding company shall acquire, form, or control a savings institution.

(4) If any person has or proposes to engage in a transaction that is not permitted under this section, the commissioner shall apply, and any other interested person, which shall include, but not be limited to, Tennessee savings institutions or Tennessee savings and loan holding companies, may apply, for equitable relief, including, but not limited to, a permanent or temporary injunction or restraining order, to the chancery court of Davidson County or any other chancery court having jurisdiction, or any court of the United States having jurisdiction.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 45-2-107. Acquisition, formation or control of banks and savings institutions.