35-2-111 - Applicability of chapter Cases not provided for. - Tennessee Statutes

35-2-111. Applicability of chapter Cases not provided for.

(a)  This chapter is applicable to state and federal savings and loan associations and savings banks. In the event of a conflict between this chapter and the provisions of a law on the same subject relating specifically to state or federal savings and loan associations or savings banks, the provisions of the specific law shall be controlling.

(b)  In any case not provided for in this chapter, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.

(c)  (1)  Knowledge on the part of the bank or savings institution of the existence of a fiduciary relationship or the terms of the relationship shall not impose any duty or liability on the bank or savings institution for any action of the fiduciary.

     (2)  A bank or savings institution has no duty to establish an account for a fiduciary or to limit transactions in an account so established unless, in its discretion, it contracts in writing with the fiduciary to establish or limit transactions with respect to such an account; provided, that this shall not preclude a court from temporarily enjoining or restraining the removal of funds from an existing account by a bank or savings institution over which the court exercises personal jurisdiction.

[Acts 1953, ch. 82, § 12 (Williams, § 9596.29); T.C.A. (orig. ed.), § 35-213; Acts 1985, ch. 168, § 1; 1993, ch. 175, § 1.]