The department shall immediately after taking possession file with the principal court a certificate to be known as the certificate of possession, setting forth the facts on the basis of which it has taken possession. The certificate shall state the name of the deputy receiver, if any, whom the department, pursuant to this chapter, appoints to take charge of the affairs of the financial institution, together with the duties of such deputy receiver. If the department does not appoint a deputy receiver prior to the date of the filing of the certificate of possession or if it appoints a new deputy receiver or an additional one or if it adds to the duties of the deputy receiver, it shall file a supplement to the certificate of possession setting forth such acts. The certificate of possession and any supplement thereto shall be listed in the judgment index in the name of the financial institution as defendant and of the department as plaintiff.
History. Ga. L. 1919, p. 135, art. 7, § 5; Ga. L. 1927, p. 195, § 2; Code 1933, § 13-805; Code 1933, § 41A-705, enacted by Ga. L. 1974, p. 705, § 1.
Structure Georgia Code
Chapter 1 - Financial Institutions
Part 7 - Receivership Powers and Procedures Generally
§ 7-1-150. Taking of Possession by Department; Cumulative Remedies
§ 7-1-151. Status of Department as Receiver; Restrictions on Appointment
§ 7-1-152. General Assignment Prohibited; Taking of Possession Upon Request
§ 7-1-153. Posting of Notice of Taking Possession
§ 7-1-154. Certificate of Possession; Naming Deputy Receiver
§ 7-1-155. Injunction to Restrain Department
§ 7-1-156. Supervision of Department by Court
§ 7-1-157. General Powers of Department in Possession
§ 7-1-158. Appointment of Deputy Receivers, Counsel, and Other Assistants
§ 7-1-159. Suspension or Continuation of Business
§ 7-1-160. Determination to Liquidate; Filing of Supplemental Certificate
§ 7-1-161. Powers and Duties of Department Before and After Determination to Liquidate
§ 7-1-162. Inventory and Appraisement
§ 7-1-163. Notice to Holders of Assets; Power of Court to Order Transfer
§ 7-1-164. Power of Department to Borrow Money
§ 7-1-165. Surrender of Burdensome Assets
§ 7-1-166. Compromise of Claims; Extension of Mortgages or Notes
§ 7-1-167. Payment of Mortgages and Liens; Protection of Equities
§ 7-1-168. Sales of Real Property
§ 7-1-170. Sales or Exchanges of Securities; Sales of Liens or Personal Property
§ 7-1-171. Deposit of Moneys by Department
§ 7-1-172. Disposition of Property in Safe-Deposit Vault or Held for Safekeeping
§ 7-1-173. Bringing or Defending Actions
§ 7-1-176. Sale of Assets of Financial Institution in Receivership