Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) If the holder of a property refuses to provide the requested property or information within sixty (60) days after receiving a complete affidavit and all required accompanying documentation from a charitable organization in accordance with § 48-101-403, or sixty (60) days thereafter if there is a good faith dispute as provided in § 48-101-403(c)(2), then the charitable organization may bring an action against the holder of the property to recover the property, receive the information, or compel the delivery of the property. An action brought under this section must be brought within one (1) year after the date of the act or failure to provide the requested property or information. If the court finds that the holder of the property acted unreasonably in failing to deliver the property or information as requested in the affidavit, then the court may award to the charitable organization any or all of the following:
(1) Actual damages;
(2) Punitive damages of not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000); and
(3) Court costs and reasonable attorney fees.
(b) For purposes of this section, an affidavit is deemed complete when the charitable organization has provided all information and documentation expressly required under § 48-101-403(a), and the holder has not notified the charitable organization in writing of any specific deficiency within sixty (60) days from the date of delivery of the affidavit and required information and documentation.
Cite this article: FindLaw.com - Tennessee Code Title 48. Corporations and Associations § 48-101-405 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-48-corporations-and-associations/tn-code-sect-48-101-405/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)