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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 |
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Article 1. PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY |
Article 1. PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY
| Part 1. PURPOSES AND PRELIMINARY MATTERS |
| § 7-1-1. Short title |
| § 7-1-2. Legislative findings |
| § 7-1-3. Objectives of chapter; standards for construction and regulation |
| § 7-1-4. Definitions |
| § 7-1-5. Unauthorized activity as a financial institution |
| § 7-1-6. Notices; waivers of notice |
| § 7-1-7. Publication of notices or advertisements |
| § 7-1-8. Applicability of common law |
| § 7-1-9. Reservation of power over financial institutions |
| § 7-1-10. Rules of construction |
| § 7-1-11. Registration of nonresident corporations |
| Part 2. ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE |
| § 7-1-30. Department created |
| § 7-1-31. Position and term of commissioner |
| § 7-1-32. Qualifications of commissioner |
| § 7-1-33. Removal or suspension of commissioner |
| § 7-1-34. Vacancy in office of commissioner |
| § 7-1-35. Deputy commissioners, examiners, and assistants |
| § 7-1-36. Oath and bond of commissioner, deputy commissioner, and examiners |
| § 7-1-37. Restrictions on commissioner, deputy commissioners, and examiners |
| § 7-1-38. Commissioner's office expenses |
| § 7-1-39. Seal of department; evidentiary effect |
| § 7-1-40. Delegation of authority by commissioner |
| § 7-1-41. Prescribing fees; payment procedure |
| § 7-1-42. Enforcement of payment of fees |
| § 7-1-43. Disposition of fees collected; payment of expenses from appropriations |
| Part 3. OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE |
| § 7-1-60. General scope of supervision |
| § 7-1-61. Rules and regulations |
| § 7-1-62. Accounting procedures |
| § 7-1-63. Retention of records |
| § 7-1-64. Department examinations and investigations; disclosure of information or prior notice regarding examinations of financial institutions |
| § 7-1-65. Examinations and investigations on request |
| § 7-1-66. Method of examination and investigations; special examiners; subpoenas |
| § 7-1-67. Reports of examinations |
| § 7-1-68. Reports to department; publication of summaries; penalty for noncompliance |
| § 7-1-69. Retention of reports |
| § 7-1-70. Disclosure of information |
| § 7-1-71. Removal of officers, directors, or employees |
| § 7-1-72. Regulation of persons performing services for financial institutions |
| § 7-1-73. Regulation of affiliates |
| § 7-1-74. Annual report of department |
| § 7-1-75. Discretion of department |
| § 7-1-76. Department may act after time limit without resubmittal; withdrawal of applications and requests; imposition of conditions; nullification |
| § 7-1-77. Approval by commissioner of state or federal rules and regulations affecting financial institutions |
| § 7-1-78. Agreements with other regulatory authorities |
| § 7-1-79. Discretionary expedited approval process; considerations |
| Part 4. PROCEEDINGS INVOLVING THE DEPARTMENT OF BANKING AND FINANCE |
| § 7-1-90. Judicial review of department actions |
| § 7-1-91. Orders by department; enforcement; civil penalty |
| § 7-1-92. Forfeiture proceedings |
| § 7-1-93. Injunction and other actions by department |
| § 7-1-94. Evidential value of results of examinations or investigations; editing out of information tending to undermine public confidence in financial institution |
| § 7-1-95. Admissibility of department's certificates and copies |
| § 7-1-96. Liability on bonds for nonperformance of duty |
| § 7-1-97. Costs of actions by or against department |
| § 7-1-98. Department of Law to advise department |
| § 7-1-99. Duties and responsibilities of department regarding interest and usury complaints; advisory opinions; effect |
| Part 5. PERMISSIVE CLOSING DAYS, EMERGENCY CLOSINGS, BUSINESS RESTRICTIONS, AND VOLUNTARY LIQUIDATIONS |
| § 7-1-110. Permissive closing days; deferral of business conducted on Saturday |
| § 7-1-110.1. Posting notice of intent to close banking location |
| § 7-1-111. Emergency closings |
| § 7-1-111.1. Posting notice of intent to close banking location |
| § 7-1-112. Business restrictions |
| § 7-1-113. Voluntary dissolution prior to commencement of business; failure to properly file articles of dissolution; power of department to seek dissolution |
| § 7-1-114. Voluntary dissolution after commencement of business |
| § 7-1-115. Winding up voluntary dissolution proceedings |
| § 7-1-116. Articles of dissolution where business commenced; procedure if not filed |
| § 7-1-117. Certificate of dissolution |
| Part 6. NAMES, REGISTERED OFFICES, AND ADVERTISING |
| § 7-1-130. Permissible names |
| § 7-1-131. Reservation of name |
| § 7-1-132. Registered agent and office |
| § 7-1-133. Prohibited advertising |
| § 7-1-134. Unfair competition, unfair trade practice, and trade name and trademark laws unaffected |
| 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 |
| § 7-1-169. Leases of 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 |
| § 7-1-174. Surrender of possession by department prior to final liquidation; special liquidations and reorganizations |
| § 7-1-175. Ability of department to reject executory contract or lease of financial institution in receivership |
| § 7-1-176. Sale of assets of financial institution in receivership |
| Part 8. CLAIMS, PRIORITIES, AND ACCOUNTING IN RECEIVERSHIPS |
| § 7-1-190. Preservation of assets; proceedings in lieu of attachment, execution, or repossession |
| § 7-1-191. Exclusivity of claims procedure; effect of receivership on pending actions |
| § 7-1-192. Notice to depositors and other creditors to present claims |
| § 7-1-193. Proof of claims of depositors |
| § 7-1-194. Proof of claims of creditors |
| § 7-1-195. Allowance of claims |
| § 7-1-196. Advance payment of dividends to depositors |
| § 7-1-197. Expenses of administration |
| § 7-1-198. Filing or ordering partial or final account; notice of filing; exceptions |
| § 7-1-199. Adjudication of rejected claims and exceptions to account |
| § 7-1-200. Confirmation of account; distribution of dividends; final disposition of assets insufficient for distribution; cancellation of articles |
| § 7-1-201. Unclaimed dividends |
| § 7-1-202. Order of payment of liabilities; secured or preferred claims and liens |
| § 7-1-203. Subrogation of insurer of deposits or shares |
| § 7-1-204. Liquidation of excess assets by trustees |
| § 7-1-205. Destruction of records |
| Part 9. RECEIVERSHIP PROCEDURES INVOLVING TRUST OR POOLED ASSETS |
| § 7-1-220. Definitions and applicability |
| § 7-1-221. Status of department in relation to trust and pooled assets |
| § 7-1-222. Jurisdiction of court over trust and pooled assets |
| § 7-1-223. Substituted trustee or manager for trust and pooled assets |
| § 7-1-224. Transfers to substituted trustee or manager without accounting |
| § 7-1-225. Transfers to substituted trustee or manager with accounting; deficiencies |
| Part 10. CHANGE IN CONTROL OF FINANCIAL INSTITUTIONS |
| § 7-1-230. Definitions |
| § 7-1-231. Acquisition of control without permission prohibited |
| § 7-1-232. Notice of proposed acquisition required; approval or disapproval by department; judicial review |
| § 7-1-233. Contents of notice |
| § 7-1-234. Grounds for disapproving proposal |
| § 7-1-235. Part inapplicable to bank holding company transactions |
| § 7-1-236. Report of change in control |
| 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 |
| Part 12. DEPOSITS OF DECEASED DEPOSITORS |
| § 7-1-239. Payment of large deposits of deceased intestate depositors; deposit of sums held for deceased intestate residents; affidavit included with application for deposit. |
| § 7-1-239.1. Payment of checks or instruments payable to deceased intestate persons; affidavit included with application for payment. |
| Part 13. BANK FEES |
| § 7-1-239.5. Fee for instruments drawn on other institutions |
REFS & ANNOS
TITLE 7 Chapter 1 Article 1 NOTE
LAW REVIEWS. --For survey article on commercial law, see 34 Mercer L. Rev. 31 (1982).
RESEARCH REFERENCES
ALR. --Failure of moneylender or creditor engaged in business of making loans to procure license or permit as affecting validity or enforceability of contract, 29 ALR4th 884.
RESEARCH REFERENCES
ALR. --Failure of moneylender or creditor engaged in business of making loans to procure license or permit as affecting validity or enforceability of contract, 29 ALR4th 884.