Tennessee Code Annotated
Tenn. Code Ann. § 35-2-102 (2026)
Chapter definitions
✓ current as of May 2026
- (a) In this chapter, unless the context otherwise requires:
- (1) "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking;
- (2) "Fiduciary" includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate;
- (3) "Person" includes a corporation, partnership, or other association, or two (2) or more persons having a joint or common interest;
- (4) "Principal" includes any person to whom a fiduciary as such owes an obligation; and
- (5) "Savings institution" includes a federal or state savings and loan association or savings bank.
- (b) A thing is done "in good faith," within the meaning of this chapter, when it is in fact done honestly, whether it is done negligently or not.
Acts 1953, ch. 82, § 1 (Williams, § 9596.18); T.C.A. (orig. ed.), § 35-202; Acts 1985, ch. 167, § 1; 1988, ch. 854, § 13.
Notes of Decisions
Cited in 5
cases, 1989–2019 · leading case: C-Wood Lumber Co. v. Wayne Cnty. Bank, 233 S.W.3d 263 (Tenn. Ct. App. 2007).
C-Wood Lumber Co. v. Wayne Cnty. Bank, 233 S.W.3d 263 (Tenn. Ct. App. 2007). “receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in making such deposit .”
Savers Fed. Sav. & Loan Ass'n v. Home Fed. Sav. & Loan Ass'n, 721 F. Supp. 940 (W.D. Tenn. 1989). “Tenn.Code Ann. § 35-2-102(a)(2) (Supp.1988).”
Petty v. Privette, 818 S.W.2d 743 (Tenn. Ct. App. 1989). “See also T.C.A. §§ 35-2-102 to 112, the “Uniform Fiduciaries Act” and T.”
Soloff v. Dollahite, 779 S.W.2d 57 (Tenn. Ct. App. 1989). “A fiduciary is defined in Tenn.Code Ann. § 35-2-102(a)(2) (Supp.1988) as an agent or officer of a corporation.”
Michael D. Chase v. Martha L. Chase & Clare L. Chase (Del. Ch. 2019). “Tenn. Code Ann. § 35-2-102 (a)(2) (1988).”
— Tenn. Code Ann. § 35-2-102(2) — 1 case
C-Wood Lumber Co. v. Wayne Cnty. Bank, 233 S.W.3d 263 (Tenn. Ct. App. 2007). “receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary in making such deposit .”
— Tenn. Code Ann. § 35-2-102(a)(2) — 2 cases
Savers Fed. Sav. & Loan Ass'n v. Home Fed. Sav. & Loan Ass'n, 721 F. Supp. 940 (W.D. Tenn. 1989). “Tenn.Code Ann. § 35-2-102(a)(2) (Supp.1988).”
Soloff v. Dollahite, 779 S.W.2d 57 (Tenn. Ct. App. 1989). “A fiduciary is defined in Tenn.Code Ann. § 35-2-102(a)(2) (Supp.1988) as an agent or officer of a corporation.”
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