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Tenn. Code Ann. § 39-11-404

Corporate liability

Applied in 1 court decision — leading case State v. Burns (1999)

Most recently applied in State v. Burns (November 1999)

Acts 1989, ch. 591, § 1.

(1) A corporation commits an offense when: The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law;

(2) The conduct constituting the offense is engaged in, authorized, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of the agent's employment on behalf of the corporation; or

(3) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of the agent's employment and on behalf of the corporation, and: The offense is a misdemeanor; or

(4) The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation.

(5) The following definitions apply in this part, unless the context requires otherwise: “Agent” means any officer, director, servant or employee of the corporation or any other person authorized to act on behalf of the corporation; and

(6) “High managerial agent” means an officer of a corporation or any other agent of a corporation who has duties or such responsibility that the agent's conduct reasonably may be inferred to represent the policy of the corporation.

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.