TENNESSEE BLUE BOOK222
Services
The department is organized in accordance with Tennessee Code Annotated
§45-1-115 and has five divisions. Services are provided at no direct cost to the
taxpayer because the department is funded entirely by fees received from the
financial institutions it regulates.
Bank. This Division has the legal responsibility for assuring the Tennessee
state-chartered banking system operates on a safe and sound basis. In its
supervisory role, the Bank Division periodically examines the financial soundness
of all state-chartered banks, savings banks and nondepository independent trust
companies. Bank examiners perform evaluations of each institution’s assets,
liabilities, income and expenses; monitor compliance with governing laws and
regulations; and rate the effectiveness of the institution’s management. The
adequacy of capital is assessed to assure the protection of depositors. In addition,
examiners review the information technology functions of state-chartered financial
institutions for compliance with generally accepted information technology
practices and for adherence to departmental regulations. Bank Division staff
also examines Business and Industrial Development Corporations (BIDCOs)
and money transmitters for compliance with governing statutes and evaluates
applications for new institutions, branches, expanded financial activities and
corporate reorganizations.
Credit Union. This Division is responsible for the supervision and examination
of each state-chartered credit union and one corporate credit union. Examiners
perform safety and soundness examinations of each state-chartered credit union
and Volunteer Corporate Credit Union to determine compliance with governing
laws and regulations. Credit union examiners perform evaluations of each credit
union’s assets, liabilities, income and expenses in order to assess the solvency of
the credit union.
Compliance. This Division is responsible for the licensing and regulatory
supervision of the following types of financial institutions operating in Tennessee:
industrial loan and thrift companies; insurance premium finance companies;
residential mortgage lenders, brokers and servicers; check cashing; deferred
presentment service companies; and title pledge lenders. The Compliance
Division also registers thousands of mortgage loan originators. Through a
comprehensive examination program, all of the above industries are subject to
periodic examinations by the Division’s field examiners. The Compliance Division’s
examinations are designed to test and enforce compliance with Tennessee laws,
as well as federal regulations.
Consumer Resources. This Division coordinates the handling of consumer
complaints, fosters community outreach and encourages financial literacy in
Tennessee. With the creation of this Division in March 2004, the Department
of Financial Institutions encourages programs aimed at increasing the financial
literacy of adults and youth statewide. The department believes financial literacy
is necessary to assist Tennesseans in making good financial decisions on a daily
basis which includes helping citizens avoid predatory lending practices. The
Division serves as a conduit to help citizens have access to financial education
programs.
Legal/Administrative and Support Services. The Legal Section provides
legal advice and representation for the department. The department’s lawyers
advise the Commissioner and departmental personnel in all legal matters affecting
the department. They work with regulated entities and the general public in