Tennessee Code Annotated

Tenn. Code Ann. § 45-5-304 (2026)

Investment certificates

✓ current as of May 2026

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(a) A registrant shall not issue investment certificates until:
- (1) The registrant has qualified as an industrial investment company and furnishes evidence to the commissioner that it meets the capital requirements specified in § 45-5-603;
- (2) The registrant gives notice to the commissioner that the registrant intends to issue investment certificates, which notice shall specify the number and total dollar amount of certificates to be offered and the terms of the offering;
- (3) The registrant files the forms, documents, and receipts to be used by the registrant with the commissioner; and
- (4) The registrant furnishes proof that the offering and sale of the investment certificates is covered by an effective registration under the Tennessee Securities Act, compiled in title 48, chapter 1, part 1, or that the securities division of the department of commerce and insurance has reviewed the proposed offering and determined that it is exempt from registration.

(b) A registrant may use the forms, documents and receipts that have been filed with the commissioner until the commissioner gives the registrant notice that they do not meet the requirements of this chapter or that the registrant has not complied with other applicable laws.

(c) Each investment certificate shall have printed thereon in at least ten-point bold-face type the following: "not federally insured."

(d) Except with the prior written approval of the commissioner, a registrant shall use the proceeds from the issuance and sale of investment certificates only in the conduct of its business.

(e) A registrant shall not use the terms "banking hours," "banking room," or other similar banking terms in connection with advertising the issuance and sale of investment certificates. Each piece of the advertisement shall bear the full name of the registrant.

Acts 1979, ch. 204, § 15; T.C.A., § 45-2015; Acts 1983, ch. 274, § 18.

Notes of Decisions

Cited in 2 cases, 1982–1986 · leading case: Madison Loan & Thrift Co. v. Neff, 648 S.W.2d 655 (Tenn. Ct. App. 1982).

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Madison Loan & Thrift Co. v. Neff, 648 S.W.2d 655 (Tenn. Ct. App. 1982). · cites it 10× “The issuance of investment certificates by industrial loan and thrift companies is governed in part by T.C.A. § 45-5-304: Investment certificates.”

Duvoisin v. Anderson (In Re S. Indus. Banking Corp.), 59 B.R. 978 (E.D. Tenn. 1986). · cites it 2× “§ 45-5-301 and § 45-5-304. These investment certificates were payable on a maturity date at a fixed rate of interest.”

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