Georgia Code
Chapter 1 - Financial Institutions
Article 1 - Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally

§ 7-1-61.1. Expansion of Power for Banks and Credit Unions; Role of Commissioner; Documentation to Legislative Committees - History. Code 1981, § 7-1-61.1 , enacted by Ga. L....

§ 7-1-62. Accounting Procedures - The department may promulgate regulations concerning the manner in which...

§ 7-1-63. Retention of Records - so that financial institutions will be required to retain records...

§ 7-1-64. Department Examinations and Investigations; Disclosure of Information or Prior Notice Regarding Examinations of Financial Institutions - History. Ga. L. 1919, p. 135, art. 3, §§ 1,...

§ 7-1-65. Examinations and Investigations on Request - When requested in writing by the board of directors or...

§ 7-1-66. Method of Examination and Investigations; Special Examiners; Subpoenas - History. Ga. L. 1919, p. 135, art. 2, § 18;...

§ 7-1-67. Reports of Examinations - History. Ga. L. 1919, p. 135, art. 3, § 4;...

§ 7-1-68. Reports to Department; Penalty for Noncompliance - History. Ga. L. 1919, p. 135, art. 4, §§ 1,...

§ 7-1-69. Retention of Reports - The reports of examinations and investigations made by the department...

§ 7-1-70. Disclosure of Information - History. Code 1933, § 41A-311, enacted by Ga. L. 1974,...

§ 7-1-71. Removal of Officers, Directors, or Employees - History. Ga. L. 1919, p. 135, art. 5, § 3;...

§ 7-1-72. Regulation of Persons Performing Services for Financial Institutions - History. Code 1933, § 13-411, enacted by Ga. L. 1973,...

§ 7-1-73. Regulation of Affiliates - The department may examine or investigate any affiliate of a...

§ 7-1-74. Annual Report of Department - For each calendar year the department shall compile and publish...

§ 7-1-75. Discretion of Department - Whenever in this chapter the department is authorized but not...

§ 7-1-76. Department May Act After Time Limit Without Resubmittal; Withdrawal of Applications and Requests; Imposition of Conditions; Nullification - History. Code 1933, § 41A-317, enacted by Ga. L. 1974,...

§ 7-1-77. Approval by Commissioner of State Rules and Regulations Affecting Financial Institutions - Any rule, regulation, order, or administrative directive issued by a...

§ 7-1-78. Agreements With Other Supervisory or Regulatory Authorities - History. Code 1981, § 7-1-78 , enacted by Ga. L....

§ 7-1-79. Discretionary Expedited Approval Process; Considerations - History. Code 1981, § 7-1-79 , enacted by Ga. L....

Part 4 - Proceedings Involving the Department of Banking and Finance

§ 7-1-90. Judicial Review of Department Actions - provided that any action reviewable under Chapter 13 of Title...

§ 7-1-91. Orders by Department; Enforcement; Civil Penalty - History. Ga. L. 1919, p. 135, art. 5, § 1;...

§ 7-1-92. Forfeiture Proceedings - History. Ga. L. 1919, p. 135, art. 15, §§ 1-4;...

§ 7-1-93. Injunction and Other Actions by Department - The department may bring an appropriate civil action to enforce...

§ 7-1-94. Evidential Value of Results of Examinations or Investigations; Editing Out of Information Tending to Undermine Public Confidence in Financial Institution - When the record of any examination or investigation of a...

§ 7-1-98. Department of Law to Advise Department - It shall be the duty of the Department of Law...

§ 7-1-99. Duties and Responsibilities of Department Regarding Interest and Usury Complaints; Advisory Opinions; Effect - History. Code 1933, § 41A-411, enacted by Ga. L. 1979,...

Part 5 - Permissive Closing Days, Emergency Closings, Business Restrictions, and Voluntary Liquidations

§ 7-1-110. Permissive Closing Days; Deferral of Business Conducted on Saturday - Any financial institution may remain closed one day each week...

§ 7-1-110.1. Posting Notice of Intent to Close Banking Location - Except in the case of an emergency closing, before a...

§ 7-1-111. Emergency Closings - Whenever it appears to the Governor that the welfare of...

§ 7-1-112. Business Restrictions - History. Code 1933, § 14-1812, enacted by Ga. L. 1971,...

§ 7-1-113. Voluntary Dissolution Prior to Commencement of Business; Failure to Properly File Articles of Dissolution; Power of Department to Seek Dissolution - History. Code 1933, § 41A-502, enacted by Ga. L. 1974,...

§ 7-1-114. Voluntary Dissolution After Commencement of Business - History. Ga. L. 1919, p. 135, art. 14, §§ 1,...

§ 7-1-115. Winding Up Voluntary Dissolution Proceedings - History. Ga. L. 1919, p. 135, art. 14, §§ 3-6;...

§ 7-1-116. Articles of Dissolution Where Business Commenced; Procedure if Not Filed - History. Ga. L. 1919, p. 135, art. 14, §§ 7,...

§ 7-1-117. Certificate of Dissolution - If all applicable fees, charges, and taxes required by law...

Part 6 - Names, Registered Offices, and Advertising

§ 7-1-130. Permissible Names - History. Code 1933, § 41A-601, enacted by Ga. L. 1974,...

§ 7-1-131. Reservation of Name; Term - History. Code 1933, § 41A-602, enacted by Ga. L. 1974,...

§ 7-1-132. Registered Agent and Office - History. Code 1933, § 41A-603, enacted by Ga. L. 1974,...

§ 7-1-133. Prohibited Advertising - History. Code 1933, § 13-204.2, enacted by Ga. L. 1973,...

§ 7-1-134. Unfair Competition, Unfair Trade Practice, and Trade Name and Trademark Laws Unaffected - Nothing in this chapter shall abrogate or limit the law...

Part 7 - Receivership Powers and Procedures Generally

§ 7-1-150. Taking of Possession by Department; Cumulative Remedies - History. Ga. L. 1919, p. 135, art. 7, § 1;...

§ 7-1-151. Status of Department as Receiver; Restrictions on Appointment - History. Code 1933, § 41A-702, enacted by Ga. L. 1974,...

§ 7-1-152. General Assignment Prohibited; Taking of Possession Upon Request - No financial institution shall make a general assignment of its...

§ 7-1-153. Posting of Notice of Taking Possession - The department, upon taking possession of the business and property...

§ 7-1-154. Certificate of Possession; Naming Deputy Receiver - The department shall immediately after taking possession file with the...

§ 7-1-155. Injunction to Restrain Department - Any financial institution of whose business or property the department...

§ 7-1-156. Supervision of Department by Court - History. Ga. L. 1927, p. 195, § 15-A; Code 1933,...

§ 7-1-157. General Powers of Department in Possession - History. Ga. L. 1919, p. 135, art. 7, § 3;...

§ 7-1-158. Appointment of Deputy Receivers, Counsel, and Other Assistants - The department may appoint one or more official agents, to...

§ 7-1-159. Suspension or Continuation of Business - The department is authorized, upon taking possession of the business...

§ 7-1-160. Determination to Liquidate; Filing of Supplemental Certificate - The department shall, within six months after the date on...

§ 7-1-161. Powers and Duties of Department Before and After Determination to Liquidate - Except where otherwise specifically provided, all powers and duties granted...

§ 7-1-162. Inventory and Appraisement - History. Ga. L. 1919, p. 135, art. 7, § 12;...

§ 7-1-163. Notice to Holders of Assets; Power of Court to Order Transfer - History. Ga. L. 1919, p. 135, art. 7, § 5;...

§ 7-1-164. Power of Department to Borrow Money - The department may, without leave of court, borrow money from...

§ 7-1-165. Surrender of Burdensome Assets - The department may, with leave of court, surrender to the...

§ 7-1-166. Compromise of Claims; Extension of Mortgages or Notes - History. Ga. L. 1919, p. 135, art. 7, § 7;...

§ 7-1-167. Payment of Mortgages and Liens; Protection of Equities - The department may, with leave of court, pay off all...

§ 7-1-168. Sales of Real Property - The department may, with leave of and upon the terms...

§ 7-1-169. Leases of Property - The department may, without leave of court, enter into leases...

§ 7-1-170. Sales or Exchanges of Securities; Sales of Liens or Personal Property - any personal property which belongs to the financial institution in...

§ 7-1-171. Deposit of Moneys by Department - All moneys received by the department as receiver of a...

§ 7-1-172. Disposition of Property in Safe-Deposit Vault or Held for Safekeeping - History. Code 1933, § 41A-723, enacted by Ga. L. 1974,...

§ 7-1-173. Bringing or Defending Actions - History. Ga. L. 1922, p. 63, § 1; Code 1933,...

§ 7-1-174. Surrender of Possession by Department Prior to Final Liquidation; Special Liquidations and Reorganizations - History. Code 1933, § 41A-725, enacted by Ga. L. 1974,...

§ 7-1-175. Ability of Department to Reject Executory Contract or Lease of Financial Institution in Receivership - Within 180 days after the department takes possession of a...

§ 7-1-176. Sale of Assets of Financial Institution in Receivership - History. Code 1981, § 7-1-176 , enacted by Ga. L....

Part 8 - Claims, Priorities, and Accounting in Receiverships

§ 7-1-190. Preservation of Assets; Proceedings in Lieu of Attachment, Execution, or Repossession - History. Ga. L. 1919, p. 135, art. 7, § 3;...

§ 7-1-191. Exclusivity of Claims Procedure; Effect of Receivership on Pending Actions - All claims against the financial institution, action upon which has...

§ 7-1-192. Notice to Depositors and Other Creditors to Present Claims - History. Ga. L. 1919, p. 135, art. 7, § 13;...

§ 7-1-193. Proof of Claims of Depositors - History. Ga. L. 1919, p. 135, art. 7, § 18;...

§ 7-1-194. Proof of Claims of Creditors - Creditors other than depositors shall not share in any distribution...

§ 7-1-195. Allowance of Claims - For the purposes of the accounting provided for in this...

§ 7-1-196. Advance Payment of Dividends to Depositors - History. Ga. L. 1919, p. 135, art. 7, § 21;...

§ 7-1-197. Expenses of Administration - Any reasonable expenditure made by the department as receiver of...

§ 7-1-198. Filing or Ordering Partial or Final Account; Notice of Filing; Exceptions - History. Ga. L. 1919, p. 135, art. 7, §§ 15-17;...

§ 7-1-199. Adjudication of Rejected Claims and Exceptions to Account - History. Code 1933, § 41A-810, enacted by Ga. L. 1974,...

§ 7-1-200. Confirmation of Account; Distribution of Dividends; Final Disposition of Assets Insufficient for Distribution; Cancellation of Articles - History. Ga. L. 1919, p. 135, art. 7, § 21;...

§ 7-1-201. Unclaimed Dividends - Whenever a dividend remains unclaimed six months after it has...

§ 7-1-202. Order of Payment of Liabilities; Secured or Preferred Claims and Liens - History. Ga. L. 1919, p. 135, art. 7, § 19;...

§ 7-1-203. Subrogation of Insurer of Deposits or Shares - Where the deposits or shares of a financial institution are...

§ 7-1-204. Liquidation of Excess Assets by Trustees - If any unliquidated assets remain in the department’s possession after...

§ 7-1-205. Destruction of Records - The department is authorized to destroy all records of the...

Part 9 - Receivership Procedures Involving Trust or Pooled Assets

§ 7-1-220. Definitions and Applicability - History. Code 1933, § 41A-901, enacted by Ga. L. 1974,...

§ 7-1-221. Status of Department in Relation to Trust and Pooled Assets - History. Code 1933, § 41A-902, enacted by Ga. L. 1974,...

§ 7-1-222. Jurisdiction of Court Over Trust and Pooled Assets - The principal court shall have exclusive jurisdiction over all matters...

§ 7-1-223. Substituted Trustee or Manager for Trust and Pooled Assets - History. Code 1933, § 41A-904, enacted by Ga. L. 1974,...

§ 7-1-224. Transfers to Substituted Trustee or Manager Without Accounting - In the event that the department and a substituted trustee...

§ 7-1-225. Transfers to Substituted Trustee or Manager With Accounting; Deficiencies - Except as authorized by Code Section 7-1-224, the department shall,...

Part 10 - Change in Control of Financial Institutions

§ 7-1-230. Definitions - As used in this part, the term: History. Code 1933,...

§ 7-1-231. “Financial Institution” Defined; Acquisition of Control Without Permission Prohibited - History. Code 1933, § 41A-1001, enacted by Ga. L. 1980,...

§ 7-1-232. Notice of Proposed Acquisition Required; Approval or Disapproval by Department; Judicial Review - History. Code 1933, § 41A-1002, enacted by Ga. L. 1980,...

§ 7-1-233. Contents of Notice - Except as otherwise provided by regulation of the department, a...

§ 7-1-234. Grounds for Disapproving Proposal - The department may disapprove any proposed acquisition if: History. Code...

§ 7-1-235. Part Inapplicable to Bank Holding Company Transactions - This part shall not apply to a transaction subject to...

§ 7-1-236. Report of Change in Control - Whenever a change occurs in the ownership of or right...

Part 11 - Costs on Judicial Process

§ 7-1-237. Reimbursement of Costs Incurred in Answering Subpoena, Garnishment, or Order; Subpoena to Be Answered Within Five Days - Any financial institution shall be reimbursed by the requesting party...

Part 12 - Deposits of Deceased Depositors

§ 7-1-239. Definitions; Payment of Large Deposits of Deceased Intestate Depositors; Affidavit for Disbursement; Form for Affidavit - Such affidavit shall state that such individuals qualify as the...

§ 7-1-239.1. Payment of Checks or Instruments Payable to Deceased Intestate Persons; Affidavit Included With Application for Payment - History. Code 1981, § 7-1-239.1 , enacted by Ga. L....

Part 13 - Bank Fees

§ 7-1-239.6. Convenience Fees - A financial institution or mortgage lender, as such term is...

Part 14 - Savings Promotion Raffles

§ 7-1-239.10. Definitions; Conduct of Savings Promotion Raffles; Application - History. Code 1981, § 7-1-239.10 , enacted by Ga. L....

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Georgia Code Chapter 1 - Financial Institutions Article 1 - Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally

Georgia Code
Chapter 1 - Financial Institutions
Article 1 - Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally