2015 Tennessee Code
Title 35 - Fiduciaries And Trust Estates
Chapter 16 - Tennessee Investment Services Act of 2007
§ 35-16-103 - Qualified affidavit requirements.
A qualified affidavit shall state that:
(1) The transferor has full right, title, and authority to transfer the assets to the trust;
(2) The transfer of the assets to the trust will not render the transferor insolvent;
(3) The transferor does not intend to defraud a creditor by transferring the assets to the trust;
(4) The transferor does not have any pending or threatened court actions against the transferor, except for those court actions identified by the transferor on an attachment to the affidavit;
(5) The transferor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit;
(6) The transferor does not contemplate filing for relief under the federal bankruptcy code; and
(7) The assets being transferred to the trust were not derived from unlawful activities.
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