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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 7. BANKING AND FINANCE |
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Chapter 1. FINANCIAL INSTITUTIONS |
| Article 1. PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY |
| Article 2. BANKS AND TRUST COMPANIES |
| Article 3. CREDIT UNIONS |
| Article 4. SALE OF CHECKS OR MONEY ORDERS |
| Article 4A. CASHING CHECKS, DRAFTS, OR MONEY ORDERS FOR CONSIDERATION |
| Article 5. INTERNATIONAL BANKING CORPORATIONS AND BANK AGENCIES |
| Article 5A. DOMESTIC INTERNATIONAL BANKING FACILITIES |
| Article 6. BUSINESS DEVELOPMENT CORPORATIONS |
| Article 7. BUILDING AND LOAN ASSOCIATIONS AND SAVINGS AND LOAN ASSOCIATIONS |
| Article 8. MULTIPLE-PARTY ACCOUNTS |
| Article 9. CRIMINAL AND RELATED PROVISIONS |
| Article 10. TRANSITION PROVISIONS; FEES OF SECRETARY OF STATE |
| Article 11. RECORDS AND REPORTS OF CURRENCY TRANSACTIONS |
| Article 12. SMALL MINORITY BUSINESS DEVELOPMENT CORPORATIONS |
| Article 13. LICENSING OF MORTGAGE LENDERS AND MORTGAGE BROKERS |
REFS & ANNOS
TITLE 7 Chapter 1 NOTE
CROSS REFERENCES. --Commercial paper, Art. 3, T. 11. Bank deposits and collections, Art. 4, T. 11. Making of loans for educational purposes, § 20-3-230 et seq. Taxation of financial institutions, § 48-6-90 et seq. State depositories, § 50-17-50 et seq.
LAW REVIEWS. --For article discussing the consolidation of laws dealing with various types of financial organizations into the Financial Institutions Code of Georgia, see 11 Ga. St. B.J. 225 (1975). For survey article on business associations, see 42 Mercer L. Rev. 71 (1990). For annual survey article on business associations, see 45 Mercer L. Rev. 53 (1993). For annual survey article discussing commercial and banking law, see 49 Mercer L. Rev. 95 (1997). For survey article discussing developments in law of business associations for the period from June 1, 1998 through May 31, 1999, see 51 Mercer L. Rev. 127 (1999). For survey article discussing developments in law of business associations for the period from June 1, 1999 through May 31, 2000, see 52 Mercer L. Rev. 95 (2000). For annual survey article discussing developments in commercial law, see 52 Mercer L. Rev. 143 (2000). For survey article on cases in the areas of corporate, securities, partnership, and banking law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 55 (2003).
For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975). For note on 1995 amendments and enactments of sections in this chapter, see 12 Ga. St. U.L. Rev. 1 (1995).
JUDICIAL DECISIONS
BANK'S EXERCISE OF POWER OF SALE NOT STATE ACTION. --Statutory authorization of right of creditor bank to contract with debtors for power of sale under deed to secure debt does not, when combined with state's general regulation of banking industry's loan making procedures, convert exercise of such power of sale into state action; therefore, any contention that creditor's exercise of its power of sale under deed to secure debt violated debtors' rights to procedural due process under U.S. Const., Amend. 14 is without merit. Ray v. Bank of Covington, 247 Ga. 758, 279 S.E.2d 425 (1981).
CITED in FDIC v. Willis, 497 F. Supp. 272 (S.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
MULTIPLE OFFICE FACILITIES. --Bank may establish multiple bank office facilities using single mobile bank unit on regular part-time basis. 1976 Op. Att'y Gen. No. 76-106.
NATIONAL BANK'S CANCELLATION OF DEBT IN EVENT OF BORROWER'S DEATH. --A national bank operating in Georgia may not enter into a debt cancellation contract providing that debt will be automatically cancelled in event of borrower's death without complying with Georgia's insurance laws. 1963-65 Op. Att'y Gen. p. 457.
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Gift of Fund on Deposit in Bank Account, 7 POF2d 375.
Bank's Failure to Use Ordinary Care in Detecting Forged or Altered Checks, 13 POF2d 347.
Commercial Paper -- Negligence Contributing to Alteration or Unauthorized Signature Under UCC § 3-406, 14 POF2d 693.
Circumstances Rebutting Presumption of Payment of Savings Account, 18 POF2d 187.
Bank's Liability for Payment of Check or Withdrawal on Less than Required Number of Signatures, 25 POF2d 165.
Liability of Bank for Criminal Attack at ATM or Night Depository, 4 POF3d 497.
Banking Negligence -- Improper Dishonor of Letter of Credit, 17 POF3d 541.
Am. Jur. Trials. --Bank Liability for Negligence in Lending and Breach of Loan Agreement, 69 Am. Jur. Trials 119.
ALR. --Finance company's liability in connection with consumer fraud practices of party selling goods or services, 18 ALR4th 824.
Exclusion from debtor status of banks and the like by § 109(b)(2) of Bankruptcy Code (11 USCS § 109(b)(2)), 87 ALR Fed. 282.
Construction and application of preemption exemption, under Employee Retirement Income Security Act (29 USCS §§ 1001 et seq.), for state laws regulating insurance, banking, or securities (29 USCS § 1144(b)(2)), 87 ALR Fed. 797.
LAW REVIEWS. --For article discussing the consolidation of laws dealing with various types of financial organizations into the Financial Institutions Code of Georgia, see 11 Ga. St. B.J. 225 (1975). For survey article on business associations, see 42 Mercer L. Rev. 71 (1990). For annual survey article on business associations, see 45 Mercer L. Rev. 53 (1993). For annual survey article discussing commercial and banking law, see 49 Mercer L. Rev. 95 (1997). For survey article discussing developments in law of business associations for the period from June 1, 1998 through May 31, 1999, see 51 Mercer L. Rev. 127 (1999). For survey article discussing developments in law of business associations for the period from June 1, 1999 through May 31, 2000, see 52 Mercer L. Rev. 95 (2000). For annual survey article discussing developments in commercial law, see 52 Mercer L. Rev. 143 (2000). For survey article on cases in the areas of corporate, securities, partnership, and banking law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 55 (2003).
For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964). For note discussing transfer fees in home loan assumptions in reference to the Georgia usury laws, see 9 Ga. L. Rev. 454 (1975). For note on 1995 amendments and enactments of sections in this chapter, see 12 Ga. St. U.L. Rev. 1 (1995).
JUDICIAL DECISIONS
BANK'S EXERCISE OF POWER OF SALE NOT STATE ACTION. --Statutory authorization of right of creditor bank to contract with debtors for power of sale under deed to secure debt does not, when combined with state's general regulation of banking industry's loan making procedures, convert exercise of such power of sale into state action; therefore, any contention that creditor's exercise of its power of sale under deed to secure debt violated debtors' rights to procedural due process under U.S. Const., Amend. 14 is without merit. Ray v. Bank of Covington, 247 Ga. 758, 279 S.E.2d 425 (1981).
CITED in FDIC v. Willis, 497 F. Supp. 272 (S.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
MULTIPLE OFFICE FACILITIES. --Bank may establish multiple bank office facilities using single mobile bank unit on regular part-time basis. 1976 Op. Att'y Gen. No. 76-106.
NATIONAL BANK'S CANCELLATION OF DEBT IN EVENT OF BORROWER'S DEATH. --A national bank operating in Georgia may not enter into a debt cancellation contract providing that debt will be automatically cancelled in event of borrower's death without complying with Georgia's insurance laws. 1963-65 Op. Att'y Gen. p. 457.
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Gift of Fund on Deposit in Bank Account, 7 POF2d 375.
Bank's Failure to Use Ordinary Care in Detecting Forged or Altered Checks, 13 POF2d 347.
Commercial Paper -- Negligence Contributing to Alteration or Unauthorized Signature Under UCC § 3-406, 14 POF2d 693.
Circumstances Rebutting Presumption of Payment of Savings Account, 18 POF2d 187.
Bank's Liability for Payment of Check or Withdrawal on Less than Required Number of Signatures, 25 POF2d 165.
Liability of Bank for Criminal Attack at ATM or Night Depository, 4 POF3d 497.
Banking Negligence -- Improper Dishonor of Letter of Credit, 17 POF3d 541.
Am. Jur. Trials. --Bank Liability for Negligence in Lending and Breach of Loan Agreement, 69 Am. Jur. Trials 119.
ALR. --Finance company's liability in connection with consumer fraud practices of party selling goods or services, 18 ALR4th 824.
Exclusion from debtor status of banks and the like by § 109(b)(2) of Bankruptcy Code (11 USCS § 109(b)(2)), 87 ALR Fed. 282.
Construction and application of preemption exemption, under Employee Retirement Income Security Act (29 USCS §§ 1001 et seq.), for state laws regulating insurance, banking, or securities (29 USCS § 1144(b)(2)), 87 ALR Fed. 797.