In addition to other provisions in this chapter and federal law, a bank or trust company shall not make loans or otherwise extend financing to any one of its directors or policy-making officers except on terms, rates, and conditions which are not preferential. Preferential terms, rates, and conditions shall be determined by comparison to those terms, rates, and conditions offered contemporaneously to other borrowers making substantially similar loan requests, having substantially similar credit histories, and offering substantially similar collateral. Such loans shall be made only after the application of prudent loan underwriting criteria normally applied to loan requests of a similar nature from applicants who are not directors and policy-making officers. Approval procedures for such loans should be designed to minimize any potential abuse by bank insiders.
History. Ga. L. 1919, p. 135, art. 19, §§ 11, 12; Ga. L. 1920, p. 102, § 1; Code 1933, §§ 13-2011, 13-2012; Ga. L. 1968, p. 329, § 1; Code 1933, § 41A-2212, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1978, p. 1717, § 5; Ga. L. 1983, p. 602, § 12; Ga. L. 1984, p. 949, § 5; Ga. L. 1995, p. 673, § 18.
Administrative rules and regulations.
Loans and discounts, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Banking and Finance, Banks, Chapter 80-1-5.
Structure Georgia Code
Chapter 1 - Financial Institutions
Article 2 - Banks and Trust Companies
§ 7-1-481. Adopting, Amending, and Repealing Bylaws
§ 7-1-483. Meetings of Board; Quorum; Committees; Acting Without Meeting
§ 7-1-484. Oath of Directors; Liability of Persons Who Have Not Subscribed to Such Oath
§ 7-1-485. Removal of Directors; Vacancies
§ 7-1-486. Honorary and Advisory Positions
§ 7-1-487. Audits and Financial Reports
§ 7-1-488. Officers, Agents, and Employees; Employee Share Plans
§ 7-1-490. Responsibility of Directors and Officers; Delegation of Investment Decisions
§ 7-1-491. Financing Involving Directors or Officers
§ 7-1-492. Prohibitions Applicable to Directors, Officers, and Employees