2010 Tennessee Code
Title 45 - Banks And Financial Institutions
Chapter 18 - Check Cashing Act
45-18-102 - Chapter definitions.

45-18-102. Chapter definitions.

As used in this chapter, unless the context requires otherwise:

     (1)  “Applicant” means a person filing an application for a license under this chapter;

     (2)  “Check” means any payment instrument;

     (3)  “Check casher” means a person who, for compensation, provides currency in exchange for payment instrument received;

     (4)  “Commissioner” means the commissioner of financial institutions;

     (5)  “Consideration” means and includes any premium charged for the sale of goods, or services provided in connection with the sale of the goods that is in excess of the cash price of the goods or services;

     (6)  “Control” means ownership of, or the power to vote, twenty-five percent (25%) or more of the outstanding voting securities of a licensee controlled by any person. There shall be aggregated with the person's interest the interest of any other person controlled by the person or by any spouse, parent, or child of the person;

     (7)  “Currency” means the coin and paper money of the United States or of any other country that is designated as legal tender and that circulates and is customarily used and accepted as a medium of exchange in the country of issuance. “Currency” includes United States silver certificates, United States notes, and Federal Reserve notes. “Currency” also includes official foreign bank notes that are customarily used and accepted as a medium of exchange in a foreign country;

     (8)  “Department” means the department of financial institutions;

     (9)  “Licensee” means a check cashing business licensed by the commissioner to engage in that business in accordance with this chapter;

     (10)  “Material litigation” means any litigation that, according to generally accepted accounting principles, is deemed significant to a person's financial health and would be required to be referenced in annual audited financial statements, reports to shareholders or similar documents;

     (11)  “Payment instrument” means a check, draft, warrant, money order, traveler's check or other instrument for payment of money, whether or not negotiable. “Payment instrument” does not include an instrument that is redeemable by the issuer in merchandise or service, a credit card voucher, or a letter of credit; and

     (12)  “Person” means any individual, partnership, association, trust, corporation, limited liability company, or other group, however organized, but does not include the governments of the United States or this state or any department, agency, or instrumentality thereof.

[Acts 1997, ch. 309, § 2.]  

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