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Tenn. Code Ann. § 35-16-103

Qualified affidavit requirements

Known as the Tennessee Investment Services Act

The act spans §§ 35–35 (12 sections).

Applied in 2 court decisions — leading case In re Erskine (2016)

Most recently applied in John D. Glass v. Suntrust Bank (May 2016)

Acts 2007, ch. 144, § 3.

A qualified affidavit shall state that:

(1) The transferor has full right, title, and authority to transfer the assets to the trust;

(2) The transfer of the assets to the trust will not render the transferor insolvent;

(3) The transferor does not intend to defraud a creditor by transferring the assets to the trust;

(4) The transferor does not have any pending or threatened court actions against the transferor, except for those court actions identified by the transferor on an attachment to the affidavit;

(5) The transferor is not involved in any administrative proceedings, except for those administrative proceedings identified on an attachment to the affidavit;

(6) The transferor does not contemplate filing for relief under the federal bankruptcy code; and

(7) The assets being transferred to the trust were not derived from unlawful activities.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.