45-5-201 - General qualifications for registration. - Tennessee Statutes

45-5-201. General qualifications for registration.

(a)  In order to qualify for registration as an industrial loan and thrift company, a person must:

     (1)  Demonstrate experience, character and general fitness to command the confidence of the public and warrant the belief that the business to be operated will be operated lawfully and fairly;

     (2)  If a natural person or a partnership, have a net worth of at least twenty-five thousand dollars ($25,000) for each office or place of business to be registered;

     (3)  If a corporation, be either:

          (A)  Organized under the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27, to transact business as an industrial loan and thrift company; or

          (B)  Organized and existing under the laws of some other jurisdiction, holding a certificate of authority to transact business in this state from the secretary of state under the Tennessee Business Corporation Act and authorized to transact business as an industrial loan and thrift company or to engage in a similar business in the jurisdiction of its incorporation; and

     (4)  Whether foreign or domestic, have a total stated capital and surplus of at least twenty-five thousand dollars ($25,000) for each certificate of registration.

(b)  In order to qualify for registration as an industrial investment company or industrial bank, a person must:

     (1)  Demonstrate experience, character and general fitness as to command the confidence of the public and warrant the belief that the business to be operated will be operated lawfully and fairly;

     (2)  Have a capital structure in accordance with § 45-5-603;

     (3)  Be organized under the Tennessee Business Corporation Act to transact business as an industrial bank or industrial investment company, as the case may be;

     (4)  Have a name that does not include the word “bank” or any word deceptively similar thereto; and

     (5)  Comply with the requirements of part 6 of this chapter.

[Acts 1979, ch. 204, § 4; T.C.A., § 45-2004; Acts 1983, ch. 274, § 13; 1994, ch. 551, § 19.]