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2023 Tennessee Code
Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101)
Chapter 35 - USURPATION OR FORFEITURE OF OFFICE OR FRANCHISE-CORPORATE MISDEEDS (§§ 29-35-101 — 29-35-121)
Section 29-35-101 - Grounds for action
Universal Citation:
TN Code § 29-35-101 (2023)
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An action lies in the name of the state against the person or corporation offending, in the following cases:
- (1) Whenever any person unlawfully holds or exercises any public office or franchise within this state, or any office in any corporation created by the laws of this state;
- (2) Whenever any public officer has done, or suffered to be done, any act which works a forfeiture of that officer's office;
- (3) When any person acts as a corporation within this state, without being authorized by law; or
- (4) If, being incorporated, they:
- (A) Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation;
- (B) Exercise powers not conferred by law; or
- (C) Fail to exercise powers conferred by law and essential to the corporate existence.
Code 1858, § 3409 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5165; Code 1932, § 9336; T.C.A. (orig. ed.), § 23-2801.
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