Tennessee Code Annotated

Tenn. Code Ann. § 35-2-109 (2026)

Deposit in fiduciary's personal account - Drawing checks

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

If a fiduciary makes a deposit in a bank or savings institution to the fiduciary's personal credit of checks drawn by the fiduciary upon an account in the fiduciary's own name as fiduciary, or of checks payable to the fiduciary as fiduciary, or of checks drawn by the fiduciary upon an account in the name of the principal if the fiduciary is empowered to draw checks thereon, or of checks payable to the principal and endorsed by the fiduciary, if the fiduciary is empowered to endorse such checks, or if the fiduciary otherwise makes a deposit of funds held by the fiduciary as fiduciary, the bank or savings institution receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of the obligation as fiduciary. The bank or savings institution is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal unless the bank or savings institution 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 or in drawing such check or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.

Acts 1953, ch. 82, § 9 (Williams, § 9596.26); T.C.A. (orig. ed.), § 35-210; Acts 1985, ch. 167, § 2.


Notes of Decisions
Cited in 3 cases, 2007–2020 · 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). · cites it 15× “receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of the obligation as fiduciary.”
John R. Fuller v. Cmty. Nat'l Bank (2020). · cites it 2× “The trial court made a similar finding regarding the closely-related UFA claim under Tenn. Code Ann. § 35-2-107 . Regarding the UFA claim under Tenn.”
Clara Jean West, by & through Janet L. Harvey, Conservator & Est. of Robert Stokes West, by & through Janet L. Harvey, Adm'r v. Regions Bank (Tenn. Ct. App. 2011). · cites it 3× “T.C.A. § 35-2-109 (2007). The statute goes on to provide that the bank may receive such a deposit without liability to the principal unless the bank receives it “with actual knowledge that the fiduciary is committing a breach of the obligation as fiduciary” or “with knowledge of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.