§ 66-32-115 — Exemptions from requirement of public offering statement

(a) The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following: (1) Securities Act of 1933 ( 15 U.S.C. § 77a et seq.); (2) Federal Interstate Land Sales Full Disclosure Act ( 15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and (3) Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers. (b) A public offering statement need not be prepared or delivered in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.

Legislative History

Acts 1981, ch. 372, § 16; T.C.A., § 64-3216.