Exemptions From Requirement of Public Offering Statement

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  1. The developer shall not be required to prepare and distribute a public offering statement if the developer has registered and there has been issued a public offering statement or similar disclosure document which is provided to purchasers under the following:
    1. Securities Act of 1933 (15 U.S.C. § 77a et seq.);
    2. Federal Interstate Land Sales Full Disclosure Act (15 U.S.C. § 1701 et seq.) in which the time-share program is made a part of the subdivision that is being registered; and
    3. Any federal or Tennessee act which requires a federal or state public offering statement or similar disclosure document to be prepared and provided to purchasers.
  2. A public offering statement need not be prepared or delivered in the case of:
    1. Any transfer of a time-share interval by any time-share interval owner other than the developer and/or his agent;
    2. Any disposition pursuant to court order;
    3. A disposition by a government or governmental agency;
    4. A disposition by foreclosure or deed in lieu of foreclosure;
    5. A disposition of a time-share interval in a time-share project situated wholly outside the state; provided, that all solicitations, negotiations, and contracts took place wholly outside this state and the contract was executed wholly outside this state;
    6. A gratuitous transfer of a time-share interval; or
    7. Group reservations made for fifteen (15) or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, where deposits are made and held for more than three (3) years in advance.


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