29-35-101 - Grounds for action. - Tennessee Statutes

29-35-101. Grounds for action.

An action lies in the name of the state against the person or corporation offending, in the following cases:

     (1)  Whenever any person unlawfully holds or exercises any public office or franchise within this state, or any office in any corporation created by the laws of this state;

     (2)  Whenever any public officer has done, or suffered to be done, any act which works a forfeiture of that officer's office;

     (3)  When any person acts as a corporation within this state, without being authorized by law; or

     (4)  If, being incorporated, they:

          (A)  Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation;

          (B)  Exercise powers not conferred by law; or

          (C)  Fail to exercise powers conferred by law and essential to the corporate existence.

[Code 1858, § 3409 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., § 5165; Code 1932, § 9336; T.C.A. (orig. ed.), § 23-2801.]