# Tenn. Code Ann. § 45-12-102: Chapter definitions

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-102

## Section

- **Citation:** Tenn. Code Ann. § 45-12-102
- **Heading:** Chapter definitions
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 45 / Chapter 12 / Section 45-12-102

## Text

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of financial institutions or the commissioner's designee; (2) (A) "Control" means possession, direct or indirect, of the power to direct or cause the direction of management and policies of a person, whether through the ownership of voting securities by contract or otherwise; provided, that no individual shall be deemed to control a person solely on account of being a director, officer, or employee of the person; (B) For purposes of this subdivision (2), a person who, directly or indirectly, owns, controls, holds the power to vote, or holds proxies representing twenty-five percent (25%) or more of the then outstanding voting securities issued by another person, is presumed to control the other person. For purposes of this subdivision (2), the commissioner may determine whether a person, in fact, controls another person; (3) "Controlling person" means any person in control of a licensee; (4) "Department" means the department of financial institutions; (5) "Flex loan" means a loan made pursuant to a flex loan plan; (6) "Flex loan plan" means a written agreement subject to this chapter between a licensee and a customer establishing an open-end credit plan under which the licensee contemplates repeated noncommercial loans for personal, family, or household purposes, that: (A) May be unsecured or secured by personal property; (B) May be without fixed maturities or limitation as to the length of term; and (C) Are subject to prepayment in whole or in part at any time without penalty; (7) "Licensee" means a person licensed to offer flex loans pursuant to this chapter; and (8) "Person" means an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity. Added by 2014 Tenn. Acts, ch. 969,s 1, eff. 1/1/2015.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of financial institutions or the commissioner's designee;
(2) (A) "Control" means possession, direct or indirect, of the power to direct or cause the direction of management and policies of a person, whether through the ownership of voting securities by contract or otherwise; provided, that no individual shall be deemed to control a person solely on account of being a director, officer, or employee of the person; (B) For purposes of this subdivision (2), a person who, directly or indirectly, owns, controls, holds the power to vote, or holds proxies representing twenty-five percent (25%) or more of the then outstanding voting securities issued by another person, is presumed to control the other person. For purposes of this subdivision (2), the commissioner may determine whether a person, in fact, controls another person;
(A) "Control" means possession, direct or indirect, of the power to direct or cause the direction of management and policies of a person, whether through the ownership of voting securities by contract or otherwise; provided, that no individual shall be deemed to control a person solely on account of being a director, officer, or employee of the person;
(B) For purposes of this subdivision (2), a person who, directly or indirectly, owns, controls, holds the power to vote, or holds proxies representing twenty-five percent (25%) or more of the then outstanding voting securities issued by another person, is presumed to control the other person. For purposes of this subdivision (2), the commissioner may determine whether a person, in fact, controls another person;
(3) "Controlling person" means any person in control of a licensee;
(4) "Department" means the department of financial institutions;
(5) "Flex loan" means a loan made pursuant to a flex loan plan;
ting securities issued by another person, is presumed to control the other person. For purposes of this subdivision (2), the commissioner may determine whether a person, in fact, controls another person;
(3) "Controlling person" means any person in control of a licensee;
(4) "Department" means the department of financial institutions;
(5) "Flex loan" means a loan made pursuant to a flex loan plan;
(6) "Flex loan plan" means a written agreement subject to this chapter between a licensee and a customer establishing an open-end credit plan under which the licensee contemplates repeated noncommercial loans for personal, family, or household purposes, that: (A) May be unsecured or secured by personal property; (B) May be without fixed maturities or limitation as to the length of term; and (C) Are subject to prepayment in whole or in part at any time without penalty;
(A) May be unsecured or secured by personal property;
(B) May be without fixed maturities or limitation as to the length of term; and
(C) Are subject to prepayment in whole or in part at any time without penalty;
(7) "Licensee" means a person licensed to offer flex loans pursuant to this chapter; and
(8) "Person" means an individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity.
Added by 2014 Tenn. Acts, ch. 969,s 1, eff. 1/1/2015.

## Nearby sections

- [Tenn. Code Ann. § 45-12-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-101.md)
- [Tenn. Code Ann. § 45-12-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-102.md)
- [Tenn. Code Ann. § 45-12-103 License required to engage in business of making flex loans - Designation of agent for service of process by nonresident licensees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-103.md)
- [Tenn. Code Ann. § 45-12-104 Qualifications for licensure - Continuing nature](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-104.md)
- [Tenn. Code Ann. § 45-12-105 Contents of written application for license](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-105.md)
- [Tenn. Code Ann. § 45-12-106 Application requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-106.md)
- [Tenn. Code Ann. § 45-12-107 Investigation of applicants - Issuance of license - Posting of license - Term of license](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-107.md)
- [Tenn. Code Ann. § 45-12-108 Denial of application - Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-108.md)
- [Tenn. Code Ann. § 45-12-109 Expiration of license - Renewal - Fees - Biennial license arrangement - Criminal history records check](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-109.md)
- [Tenn. Code Ann. § 45-12-110 License nontransferable and nonassignable - Change in control of licensee - Notification to department of change in place of business](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-110.md)
- [Tenn. Code Ann. § 45-12-111 Interest, fees, and charges](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-111.md)
- [Tenn. Code Ann. § 45-12-112 Licensee to provide to prospective customers written explanation of interest, fees, and charges - Requirements for account-opening statement - Billing statements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-112.md)
- [Tenn. Code Ann. § 45-12-113 Books, accounts and records - Limitations and requirements applicable to operation of business of making flex loans](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-113.md)
- [Tenn. Code Ann. § 45-12-114 Law applicable to business of making flex loans - Licensees legally exercising powers under this chapter not in violation of statutory provisions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T45_C12_S45-12-102. Check the current official text before relying on it. Not legal advice.
