Tenn. Code § 66-32-115

Current through Acts 2023-2024, ch. 1069
Section 66-32-115 - Exemptions from requirement of public offering statement
(a) The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following:
(1) Securities Act of 1933 ( 15 U.S.C. § 77a et seq.);
(2) Federal Interstate Land Sales Full Disclosure Act ( 15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and
(3) Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers.
(b) A public offering statement need not be prepared or delivered in the case of:
(1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent;
(2) Any disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclosure;
(5) A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state;
(6) A gratuitous transfer of a time-share interval; or
(7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.

T.C.A. § 66-32-115

Acts 1981, ch. 372, § 16; T.C.A., § 64-3216.