Tenn. Code § 45-5-301

Current through Acts 2023-2024, ch. 800

Section 45-5-301 - General powers of registrants

Any registrant under this chapter has the power to:

(1) Lend money, with or without security, and to take as security real or personal property, or both;

(2)

(A) Charge interest:

(i) On loans where the amount financed is less than one hundred dollars ($100), at a nominal rate not in excess of seven and one-half percent (7.5%) per annum, deducted in advance, on the principal for the full term thereof without regard to the payment schedule; but no interest shall be charged on the loans in excess of a maximum effective rate of eighteen percent (18%) per annum;

(ii) On loans where the amount financed is one hundred dollars ($100) or more, up to five thousand dollars ($5,000), on the principal at any rate not in excess of a maximum effective rate of thirty percent (30%) per annum;

(iii) On loans where the amount financed is more than five thousand dollars ($5,000), on the principal at any rate not in excess of the maximum effective rate of twenty-four percent (24%) per annum; and

(iv) On loans made under open-end credit plans, which are plans under which a registrant contemplates repeated loans that may be without fixed maturities or limitation as to the length of term, and that are subject to prepayment at any time, at any rate not in excess of a maximum effective rate of twenty-four percent (24%) per annum;

(B) All the interest shall be contracted for and computed in accordance with § 45-5-401;

(3) Charge loan charges, but subject to the limitations provided in § 45-5-403; provided, that no loan charge shall be imposed unless a loan is made or an open-end credit plan is established or renewed for a term of not less than three (3) years;

(4) Require, at the expense of the borrower, insurance against the hazards to which any collateral used to secure the loan is subject; and upon the failure of the borrower to supply the same to procure the same, subject to § 45-5-305;

(5) Accept, but not require, as additional collateral at the expense of the borrower or borrowers, insurance against the hazards of death, or disability, or involuntary unemployment, or any combination thereof, of the borrower or borrowers, subject to § 45-5-305;

(6) Engage in the purchase, discount and rediscount of notes, security agreements or security interests or other indicia of security originating from the sale or purchase of property or services;

(7) Make loans to dealers in motor vehicles, appliances and other chattels for the purpose of acquiring, stocking and offering for sale the merchandise and to take appropriate security therefor;

(8) Purchase or otherwise acquire and sell and negotiate drafts and acceptances drawn in connection with the sale of personal property on account of the purchase price thereof and take from the acceptors or holders of the drafts and acceptances as security for the drafts and acceptances, with or without other collateral, choses in action or other evidences of indebtedness issued by it and to be paid in uniform monthly, weekly or other periodical installments;

(9) If an industrial investment company, not insured by an agency of the United States government, issue investment certificates subject to this chapter;

(10) If an industrial bank, insured by an agency of the United States government, issue thrift certificates subject to this chapter;

(11) Have any and all powers not specifically defined in this chapter that are granted by the laws of this state to corporations generally, except powers that are inconsistent with this chapter; provided, that nothing in this chapter shall be construed as limiting the power of registrants to make loans, charge interest and other charges consistent with the powers of corporations generally and subject to the limitations provided by title 47, chapters 14 and 15;

(12)

(A) Subject to § 45-5-305(b), accept or sell, but not require, at the expense of the borrower or borrowers, one (1) or more credit-related insurance products;

(B) As used in subdivision (12)(A) and § 45-5-305(b), "credit-related insurance products" is limited to individual term life or individual accidental death and dismemberment insurance sold by a registrant where the:

(i) Beneficiary named by the debtor is a person other than the creditor;

(ii) Insurance is purchased by the debtor and financed as part of the credit transaction; and

(iii) Premium for the insurance is included in the principal of the loan; and

(13) Make any change among the president, chief executive officer, treasurer, or chief financial officer, or among the general partner or partners; provided that the registrant gives written notice to the commissioner within fourteen (14) days of the change and furnishes other information that the commissioner may require.

T.C.A. § 45-5-301

Amended by 2018 Tenn. Acts, ch. 600, s 3, eff. 3/23/2018.

Amended by 2017 Tenn. Acts, ch. 164, s 1, eff. 4/24/2017.

Acts 1979, ch. 204, § 8; T.C.A., § 45-2008; Acts 1983, ch. 164, § 1; 1983, ch. 274, § 15; 1985, ch. 107, § 5; 1987, ch. 124, § 1; 1991, ch. 87, § 1; 1993, ch. 100, § 1; 1999, ch. 172, § 1; 2001, ch. 165, § 7.