45-10-102 - Chapter definitions. - Tennessee Statutes

45-10-102. Chapter definitions.

As used in this chapter, and in any subpoena issued pursuant to this chapter, unless the context otherwise requires:

     (1)  “Custodian” means either the “immediate custodian,” or any person to whom the “immediate custodian” reports, the auditor or any other person designated by a corporation's board of directors to respond to a subpoena issued pursuant to this chapter. “Immediate custodian” means the person preparing, preserving, using, supervising the using or preparation of the financial records, and also includes any person to whom the person reports who is familiar with the preparation, use and maintenance of the records;

     (2)  “Customer” means a depositor, borrower, member, lessee, other person, or the personal or legal representative or estate thereof, who has, has had, or has contemplated a relationship with the financial institution that caused the financial institution to create, obtain, preserve or maintain financial records pertaining to the person or the person's affairs;

     (3)  “Financial institution” means a bank, savings and loan association, industrial loan and thrift company, credit union, mortgage broker, mortgage banker, or leasing company accepting deposits, making or arranging loans and making or arranging leases;

     (4)  “Financial records” or “records” means any original document, any copy of an original document, or any information contained in the document, other than a customer's name, address, and account number, held by or in the custody of a financial institution, where the document, copy or information is identifiable as pertaining to one (1) or more customers of the institution;

     (5)  “Government authority” means an agency or department of the state, or any officer, employee, or agent thereof;

     (6)  “Issuer” means any person that causes to be issued a subpoena for the production of records;

     (7)  “Person” means any individual, partnership, corporation, association, trust or any other legal entity organized under the laws of this state, including any department or agency of this state, any county or municipal corporation located in this state, and any court of this state or of the United States;

     (8)  “Subpoena” means any writ, order, or other writing directed to a financial institution, or an officer thereof, and requiring the production of a financial record or records; and

     (9)  “Supervisory agency” means:

          (A)  The federal deposit insurance corporation;

          (B)  The national credit union administration;

          (C)  The federal reserve board;

          (D)  The United States comptroller of the currency;

          (E)  The department of financial institutions; and

          (F)  Any other agency of this state or the United States that is empowered to regulate financial institutions.

[Acts 1983, ch. 224, § 2; 1984, ch. 616, §§ 1-3; 1995, ch. 309, §§ 1, 2.]