§ 45-15-109 — Notification to commissioner of changes - Events requiring report to commissioner - Biennial reports

(a) (1) Each title pledge lender shall notify the commissioner fifteen (15) days prior to any change in the principal place of business of a title pledge lender. (2) Each title pledge lender shall notify the commissioner in writing within fifteen (15) days of any change among the president, chief executive officer, treasurer or chief financial officer, or among the general partners or partners of a title pledge lender. (b) Within fifteen (15) days of the occurrence of any one (1) of the events listed in subdivisions (b)(1)-(6), a title pledge lender shall file a written report with the commissioner describing the event and its expected impact on the activities of the title pledge lender in the state: (1) The filing for bankruptcy or reorganization by the title pledge lender; (2) The institution of administrative proceedings, including any revocation or suspension proceedings, against the title pledge lender by any state or governmental authority; (3) The denial of the opportunity to engage in business by any state or governmental authority; (4) Any felony indictment of the title pledge lender or any of its officers, directors or principals; (5) Any felony conviction of the title pledge lender or any of its officers, directors or principals; and (6) Other events that the commissioner may determine and identify by rule. (c) (1) Each title pledge lender shall file a report with the commissioner on the date of submission of the renewal application required under § 45-15-106(i) , in every odd-numbered year containing the following information: (A) The names and addresses of persons owning controlling interest in each title pledge lender; (B) The location of all places of business operated by the title pledge lender and the nature of the business conducted at each location; (C) The names and addresses of all affiliated entities regulated under this title, doing business in this state; (D) Balance sheets, statements of income and expense, prepared by a certified public accountant or public accounting firm not affiliated with the title pledge lender, and other statistical information that may be reasonably required by the commissioner, consistent with generally accepted accounting practices, for the purpose of determining the general results of operations under this chapter; and (E) If the title pledge lender is a corporation, the names and addresses of its officers and directors; if the title pledge lender is a partnership, the names and addresses of the partners; and if the title pledge lender is a limited liability company, the names and addresses of the board of governors of the limited liability company. (2) If the title pledge lender holds two (2) or more licenses or is affiliated with other title pledge lenders, a composite report may be filed, but may not be required. (3) All reports shall be filed in a form that may reasonably be required by the commissioner and shall be sworn to by a responsible officer of the title pledge lender. (4) The information submitted by title pledge lenders pursuant to this subsection (c) shall be confidential and may not be disclosed or distributed outside the department by the commissioner, except that the commissioner is authorized to disclose confidential information to any local, state or federal agency, as the commissioner deems proper. (5) The commissioner shall submit to the governor and general assembly, a biennial analysis and recapitulation of the reports for the preceding calendar year, for the purpose of reflecting the general results of operations under this chapter.

Legislative History

Amended by 2017 Tenn. Acts, ch. 122,s 6, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 736,s 19, eff. 7/1/2015. Acts 1995, ch. 186, § 13; 2005, ch. 440, § 8.