Tennessee Code Annotated

Tenn. Code Ann. § 45-5-101 (2026)

Purpose and construction

✓ current as of May 2026

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(a) This chapter is adopted for the purpose of revising and restating the Industrial Loan and Thrift Companies Act, to the end that the people of this state may have available the facilities and resources of regulated lending institutions to meet their needs for loans at rates and charges reasonably commensurate with economic realities.

(b) This chapter shall be liberally construed to effectuate its declared purpose, and to that end, no charge authorized under this chapter shall be construed as interest or a loan charge that is not defined and denominated as such.

(c) The procedural provisions of this chapter shall be construed in pari materia with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to the end that all proceedings under this chapter to which the Uniform Administrative Procedures Act applies shall be governed by the Uniform Administrative Procedures Act, with this chapter construed as supplemental thereto. Only where there is an express conflict shall this chapter be deemed to control.

Acts 1979, ch. 204, § 25; T.C.A., § 45-2025.

Notes of Decisions

Cited in 11 cases, 1982–2017 · leading case: Hathaway v. First Fam. Fin. Servs., Inc., 1 S.W.3d 634 (Tenn. 1999).

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Hathaway v. First Fam. Fin. Servs., Inc., 1 S.W.3d 634 (Tenn. 1999). · cites it 7× “With respect to the second question, we hold that a borrower’s remedies for a violation of the limitations on loan charges and interest rates imposed by the Industrial Loan and Thrift Company Act, Tenn.Code Ann. §§ 45-5-101, et seq., are limited to the remedies prescribed by the…”

Madison Loan & Thrift Co. v. Neff, 648 S.W.2d 655 (Tenn. Ct. App. 1982). · cites it 6× “Madison is an industrial loan and thrift company registered under the Industrial Loan and Thrift Companies Act, T.C.A. §§ 45-5-101 et seq. As an industrial loan and thrift company, it is granted authority under T.”

In Re McMurray, 218 B.R. 867 (Bankr. E.D. Tenn. 1998). · cites it 6× “3 *870 In their joint pretrial statement filed December 22, 1997, the parties stipulated the following: (1) Both Blazer and City Finance are corporations duly authorized to conduct business in the state of Tennessee as industrial loan and thrift companies pursuant to Tenn.Code…”

Duvoisin v. Tennessee (In Re S. Indus. Banking Corp.), 49 B.R. 811 (Bankr. E.D. Tenn. 1985). · cites it 6× “Tenn.Code Ann. § 45-5-101 to -504 (1980).”

Anderson v. Duvoisin (In Re S. Indus. Banking Corp.), 70 B.R. 196 (E.D. Tenn. 1986). · cites it 2× “The debtor, Southern Industrial Banking Corporation (“SIBC”), an industrial loan and thrift company under T.C.A. §§ 45-5-101 — 612, filed a voluntary petition in bankruptcy court under Chapter 11 of the Bankruptcy Code on March 10, 1983.”

Duvoisin v. Anderson (In Re S. Indus. Banking Corp.), 59 B.R. 978 (E.D. Tenn. 1986). “The bankruptcy proceedings were initiated on March 10, 1983, when Southern Industrial Banking Corporation (“SIBC”), which was an industrial loan and thrift company chartered under then existing provisions of Tennessee Code Annotated § 45-5-101 et seq., filed a voluntary petition…”

Leffew v. Kugler, 220 B.R. 598 (E.D. Tenn. 1998). · cites it 2× “, and the Constitution of the State of Tennessee, Article XI, Section 7; and the Industrial and Thrift Loan Companies Act, Tenn. Code Ann. §§ 45-5-101 et seq. Leffew further claims that defendants “engaged in a fraudulent scheme, artifice and device to extract usurious sums and…”

Citicorp Fin. Servs. Corp. v. Adams, 674 S.W.2d 705 (Tenn. 1984). · cites it 2× “They are now contained in T.C.A. §§ 45-5-101 through 45-5-611. Prior to the 1983 statute there was little provision for supervision of the financial soundness of such companies, nor was government insurance available for certificates issued by these institutions.”

Damon Holland v. Brian Sullivan (2017). “03 and they do not identify the Tennessee Title Loan Act by name or by Tenn. Code Ann. § 45-5-101 to -120. Moreover, their pleadings fail to provide the bare-minimum facts the rules require.”

Westside Health & Raquet Club, Inc. v. Jefferson Fin. Servs., Inc., 19 S.W.3d 796 (Tenn. Ct. App. 1999). · cites it 2× “Jefferson is a company organized under the Tennessee Industrial Loan and Thrift Companies Act, T.C.A. § 45-5-101, et seq., and is engaged, generally, in the business of making and purchasing loans.”

Nat'l Loans, Inc. v. TN. Dept. of Fin. Institutions (Tenn. Ct. App. 1997). · cites it 2× “” See Tenn. Code Ann. § 45-5-101 (a) (1993). All industrial loan and thrift companies desiring to do business in Tennessee must obtain a certificate of registration from the Commissioner of Financial Institutions for each one of their proposed branch offices.”

— Tenn. Code Ann. § 45-5-101(a) — 2 cases

Madison Loan & Thrift Co. v. Neff, 648 S.W.2d 655 (Tenn. Ct. App. 1982). “Madison is an industrial loan and thrift company registered under the Industrial Loan and Thrift Companies Act, T.C.A. §§ 45-5-101 et seq. As an industrial loan and thrift company, it is granted authority under T.”

Duvoisin v. Tennessee (In Re S. Indus. Banking Corp.), 49 B.R. 811 (Bankr. E.D. Tenn. 1985). “Tenn.Code Ann. § 45-5-101 to -504 (1980).”

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