reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-10 - Development of air transportation projects

The implementation of new air transportation projects that are planned to accommodate 14 C.F.R. Part 121 aircraft operations within the State of Georgia develops and promotes for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a favorable climate for the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State of Georgia. It is therefore in the public interest and is vital to the public welfare of the people of Georgia and it is declared to be the public purpose of this chapter to so develop such air transportation projects within this state. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this chapter unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-11 - Liberal construction of chapter

The provisions of this chapter shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the laws of the State of Georgia regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this chapter shall be necessary to the performance of any act authorized by this chapter nor shall any such act be subject to referendum.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-12 - Obligations or indebtedness not to constitute indebtedness of state or political subdivisions

No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-13 - Tax exemption

It is found, determined, and declared that the creation of the Georgia Airport Development Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts on any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-14 - Police powers

The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate the exercise of this function for a time or permanently to the state or to the county in which its projects are located.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-15 - Other authorities unaffected by provisions of chapter

This chapter shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 4 - GEORGIA AIRPORT DEVELOPMENT AUTHORITY (§§ 6-4-1 — 6-4-16) › Section 6-4-16 - Venue and jurisdiction of actions

Any action to protect or enforce any rights under this chapter and any action pertaining to validation of any bonds issued under this chapter brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive jurisdiction of such actions.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-1 - Short title

This chapter shall be known and may be cited as the "Georgia Aviation Authority Act."
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-2 - Definitions

As used in this chapter, the term:
(1)
"Authority" means the Georgia Aviation Authority.
(2)
"State aircraft" means any aircraft, including equipment, owned, leased, rented, chartered, or otherwise obtained by the authority.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-3 - Georgia Aviation Authority created; membership and personnel; administrative purposes

(a)
There is created a body corporate and politic to be known as the Georgia Aviation Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist of the Governor or his or her designee, the Lieutenant Governor or his or her designee, the Speaker of the House of Representatives or his or her designee, the commissioner of transportation, the commissioner of public safety, the commissioner of economic development, the commissioner of natural resources, the director of the State Forestry Commission, and two persons from the aviation business community with one such member of the aviation business community to be appointed by the Speaker of the House of Representatives, and the other such member of the aviation business community to be appointed by the President of the Senate. The chairperson of the authority shall be a member of the authority elected for a two-year term by a majority vote of the members of the authority. A chairperson may not serve more than two consecutive terms as chairperson. The authority shall make rules and regulations for its own governance. It shall have perpetual existence.
(b)
The authority is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section
50-4-3
.
(c)
The authority may in its discretion employ an executive director and other personnel. The authority may also by agreement with any department or agency of state government make use of personnel of such department or agency.
(d)
The authority shall be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(e)
The authority may designate personnel positions employed by the authority as peace officers who shall be required by the terms of their employment to give their full time to the preservation of public order, the protection of life and property, the detection of crime, and such other duties as may be specified by the authority. Personnel in such positions shall comply with the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," and shall have the power of arrest in the performance of their duties.
Amended by 2011 Ga. Laws 100,§ 1, eff. 5/11/2011.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-6 - Moneys received deemed trust funds

All moneys received pursuant to the authority of this chapter shall be deemed trust funds to be held and applied solely as provided in this chapter.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-7 - Public purpose of authority; responding to emergencies

(a)
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter.
(b)
In order to ensure that addressing emergency law enforcement needs is the authority's first priority, the authority, in coordination with the Board of Public Safety, shall adopt policies and procedures to ensure that responding to emergencies, imminent threats to individual and public safety, natural disasters, or other emergency law enforcement needs is met. The authority shall be exempt from all sales and use tax on property purchased, leased, or used by the authority.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-8 - Jurisdiction for action

Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-9 - Liberal construction

This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 6 - AVIATION (§§ 6-1-1 — 6-5-10) › Chapter 5 - GEORGIA AVIATION AUTHORITY (§§ 6-5-1 — 6-5-10) › Section 6-5-10 - [Repealed] Termination

Amended by 2016 Ga. Laws 625,§ 6, eff. 5/3/2016.
Repealed and reserved by 2011 Ga. Laws 100,§ 3, eff. 5/11/2011.
Added by 2009 Ga. Laws 240,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-1 - Short title

This chapter shall be known and may be cited as the "Financial Institutions Code of Georgia."
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-2 - Legislative findings

The General Assembly finds and declares that the sound, efficient, and responsive operation of financial institutions is essential to the livelihood of the people of this state and to the stability and growth of the economy of this state and region and vitally affects the public interest.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-3 - Objectives of chapter; standards for construction and regulation

(a)
The underlying objectives of this chapter are to provide for:
(1)
Safe and sound operation of financial institutions;
(2)
Proper conservation of the assets of financial institutions;
(3)
Public confidence in financial institutions;
(4)
Protection for the interests of the depositors, creditors, and shareholders of financial institutions;
(5)
Service by financial institutions responsive to the needs and convenience of depositors, borrowers, and other customers and conducive to economic progress and, to these ends, opportunities to expand services and facilities;
(6)
Appropriate competition among financial institutions and between them and other financial organizations including those organized under the laws of the United States, other states, and foreign countries;
(7)
Delegation to the department of rule-making power and administrative discretion in order that supervision of financial institutions may be flexible and responsive to changes in economic conditions and banking, fiduciary, and other commercial practices;
(8)
Opportunity for management of financial institutions to exercise their business judgment;
(9)
Simplification and modernization of the law governing banking, trust, and other financial institutions; and
(10)
As to other entities under the supervision of the department that are not financial institutions, including check cashers and mortgage lenders and brokers, to provide for:
(A)
Supervision and examination of their business affairs to ensure that they operate in a manner consistent with state law;
(B)
Protection of the interests of consumers and service by these entities which is responsive to their consumers; and
(C)
Simplification and modernization of the law that governs these entities, together with the delegation of rule-making power and administrative discretion to the department to carry out its responsibilities, keeping in mind the need for economic and technological progress in the industry.
(b)
This chapter shall be construed and applied to promote the foregoing objectives and they shall constitute standards to be observed by the department in promulgating rules and regulations, issuing cease and desist orders, conducting examinations, and exercising discretionary powers and in connection with all other matters embraced by this chapter.
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
Amended by 2002 Ga. Laws 945, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-5 - Unauthorized activity as a financial institution

Whenever it shall appear to the department that any person or corporation is conducting business as a financial institution without authority pursuant to this chapter, the department may determine, for purposes of Parts 4, 7, 8, and 9 of this article, that such person or corporation is a financial institution as defined in paragraph (21) of Code Section
7-1-4
.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-6 - Notices; waivers of notice

Except as otherwise expressly provided:
(1)
Any notice required to be given under this chapter may be delivered in person or by first-class mail or statutory overnight delivery to the last known address of the person or corporation or to the registered office of the corporation. If the notice is sent by first-class mail or statutory overnight delivery, it shall be deemed to have been given when deposited in the United States mail or with a commercial firm regularly engaged in the business of document delivery;
(2)
In addition to the methods of notice provided for in paragraph (1) of this Code section, notice of meetings, including annual and special meetings, may be delivered by electronic transmission, including but not limited to emails, pursuant to Code Section
14-2-141
;
(3)
If such notice is of a meeting, it shall specify the place, day, and hour of the meeting. Notice of a meeting of shareholders shall be given not less than ten nor more than 60 days before the meeting. Notice of a special meeting shall specify the general nature of the business to be transacted;
(4)
Any written notice required to be given under this chapter need not be given if there is a waiver thereof in writing signed by the person or on behalf of the corporation entitled to such notice or by their proxy, whether before or after the time when the notice would otherwise be required to be given, provided that no such waiver shall apply by its terms to more than one required notice;
(5)
Attendance of a person, either in person or by proxy, at any meeting shall constitute a waiver of notice of such meeting, except where a person attends a meeting for the express purpose of objecting at the beginning of the meeting to the transaction of any business because the meeting was not lawfully called or convened; and
(6)
If the language of a proposed resolution or a proposed plan requiring approval by shareholders is included in a written notice of a meeting of shareholders, the shareholders' meeting considering the resolution or plan may adopt it with such clarifying or other amendments as do not enlarge its original purpose without further notice to shareholders not present in person or by proxy.
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
Amended by 2018 Ga. Laws 339,§ 1, eff. 5/3/2018.
Amended by 2015 Ga. Laws 64,§ 2, eff. 7/1/2015.
Amended by 2006 Ga. Laws 453,§ 7, eff. 4/14/2006.
Amended by 2005 Ga. Laws 160,§ 2, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-7 - Publication of notices or advertisements

(a)
Except as otherwise expressly provided, any notice or advertisement required by this chapter to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section
9-13-142
) of the county which is or is to be the location of the main office of the financial institution.
(b)
The department may waive or modify any requirement to publish a notice:
(1)
In order to facilitate a merger, consolidation, or sale of assets when one of the parties is a failed or failing bank as determined by the commissioner;
(2)
Whenever it determines that the public benefit is not significantly served by a second or subsequent publication in a situation where a series of transactions would otherwise require multiple publications;
(3)
Where a similar publication required by another state or federal regulator serves substantially the same purpose;
(4)
By regulation or order, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; or
(5)
For other reasons of regulatory parity.
(c)
The department may require proof of publication or modified publication having been completed prior to consummation of the underlying transaction.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-8 - Applicability of common law

Unless expressly or impliedly displaced by this chapter, general principles of common law shall apply to financial institutions.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-9 - Reservation of power over financial institutions

The General Assembly shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions, and limitations shall be binding upon financial institutions that are subject to this chapter. The General Assembly shall have the power to amend, repeal, or modify this chapter at pleasure.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-10 - Rules of construction

(a)
The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to this title.
(b)
Unless otherwise specifically indicated and to the full extent permitted by the Constitution of Georgia, any reference in this title to an existing statute or regulation shall mean to such statute or regulation as has been or may in the future be amended or have material added to it. If in any case such construction is not constitutionally permissible, such reference shall mean to the statute or regulation as it existed on January 1, 2023.
(c)
Any reference in this title to an action by a superior court or other court shall authorize a judge of such court to take such action in term or in vacation, whether present in the county or absent from it.
Amended by 2023 Ga. Laws 348,§ 2, eff. 7/1/2023.
Amended by 2016 Ga. Laws 450,§ 7-2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 1 - PURPOSES AND PRELIMINARY MATTERS (§§ 7-1-1 — 7-1-11) › Section 7-1-11 - [Repealed] Registration of nonresident corporations

Amended by 2017 Ga. Laws 275,§ 7, eff. 5/9/2017.
Repealed by 2016 Ga. Laws 450,§ 2-1, eff. 7/1/2016.
Amended by 2015 Ga. Laws 98,§ 3-5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-30 - Department created

There is created the Department of Banking and Finance.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-31 - Position and term of commissioner

(a)
The head of the department shall be the commissioner who shall exercise supervision and control over all divisions and employees of the department.
(b)
The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term. Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-32 - Qualifications of commissioner

The commissioner shall be of good moral character, shall not have been convicted in any court of competent jurisdiction of any crime involving moral turpitude, shall have been a citizen of this state for not less than three years, and shall have attained the age of 30 years but be less than 70 years. In addition, the commissioner shall have had at least five years' experience as an active officer of a bank or national bank or as an examiner or other officer in a federal or state agency supervising such institutions.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-33 - Removal or suspension of commissioner

The commissioner may be suspended or removed by the Governor whenever the Governor has in his judgment trustworthy information that the commissioner is insane or has absconded or grossly neglected his duties or is guilty of conduct plainly violative of his duties or the restrictions of Code Section
7-1-37
.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-34 - Vacancy in office of commissioner

In the event there shall be a vacancy in the office caused by death, resignation, disability, disqualification, suspension, or removal of the commissioner, the senior deputy commissioner of banking and finance previously designated by the commissioner as provided in Code Section
7-1-35
shall exercise the powers and perform the duties of the commissioner until a successor is appointed and qualified to serve for the unexpired term of the commissioner.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-35 - Deputy commissioners, examiners, and assistants

(a)
The commissioner shall appoint from time to time, with the right to discharge at will, a senior deputy commissioner of banking and finance. The commissioner may appoint additional deputy commissioners as needed. All deputy commissioners shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper manner the duties imposed upon the commissioner by law, subject to any applicable state laws or rules or regulations and within the limitations of the appropriation to the department as prescribed in this chapter. Hiring, promotion, and other personnel policies of the department shall be consistent with guidelines or directives of the state, shall be in writing, and shall be made available upon request to employees of the department.
(b)
Within the limitations of its annual appropriation, the department may expend funds pursuant to the authority granted under Article VIII, Section VII, Paragraph I of the 1983 Constitution of Georgia necessary to the recruitment, training, and certification of a professional staff of financial examiners. The department may provide for the participation of examiners in such educational, training, and certification programs as the commissioner deems necessary to the continued qualification and recognition of the professional status of examiners. The department may recognize independent certification of professional qualifications as supplemental to the rules and regulations of the State Personnel Board in considering the personnel actions relative to its examiners.
Amended by 2012 Ga. Laws 630,§ 2-3, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
Amended by 2005 Ga. Laws 160,§ 3, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-36 - Oath of commissioner, deputy commissioner, and examiners

(a)
Before entering office, the commissioner shall take an oath before the Governor or one of the Justices of the Supreme Court to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of his or her office, which oath shall be in writing and subscribed to by the commissioner and filed in the Governor's office. Before entering their respective offices, each deputy commissioner and examiner shall take an oath of office before the commissioner to support the Constitution of the United States and the Constitution of Georgia and to execute faithfully the duties of their respective offices which shall be in writing and subscribed by the deputy commissioner or examiner and filed with the department.
(b)
The commissioner, each deputy commissioner, and each examiner shall:
(1)
Faithfully discharge, execute, and perform all and singular the duties required of such officer and which may be required by the Constitution and laws of the State of Georgia;
(2)
Faithfully account for all moneys that may be received by such officer from time to time by virtue of his office; and
(3)
Safely deliver to the successor of such office all books, moneys, vouchers, accounts, and effects whatever belonging to said office.
Amended by 2017 Ga. Laws 275,§ 7, eff. 5/9/2017.
Amended by 2016 Ga. Laws 450,§ 1-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-38 - Commissioner's office expenses

The commissioner shall be provided with suitable offices and equipment, the expense of which shall be paid by the state in the same manner as the expenses of other offices of the state government are paid.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-39 - Seal of department; evidentiary effect

The department shall adopt an official seal. Any paper executed under the seal of the department shall prima facie be deemed to have been executed by a duly authorized official of the department.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-40 - Delegation of authority by commissioner

(a)
Any authority, power, or duty vested in the commissioner or department by a provision of this chapter may be exercised, discharged, or performed by a deputy, assistant, examiner, or employee of the department acting in the commissioner's name and by his delegated authority. In the case of any matters involving the exercise of discretion, the delegation of authority shall be in writing. Any such delegation by the commissioner may be revoked in the same manner in which it was granted.
(b)
The commissioner shall be responsible for the official acts of such persons who act in his name and by his authority.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-41 - Prescribing fees; payment procedure

(a)
The department may, by regulation, prescribe annual examination fees, license fees, registration fees, and supervision fees to be paid by the institutions and entities assigned to the department by this title for regulation, supervision, licensure, or registration. In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, mortgage loan fees, and fees to provide copies of any book, account, report, or other paper filed in its office or for any certification thereof or for processing any papers as required by this title. Such fees may vary by type of institution regulated and nature of the work performed.
(b)
The department, in its discretion, may require the payment of such fees in any manner deemed to be efficient, including collection through automated clearing-house arrangements or other electronic means, so that the state receives funds no later than the date the payment is required to be made.
Amended by 2002 Ga. Laws 945, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-42 - Enforcement of payment

In the event any financial institution shall fail or refuse to pay on demand any amount owed to the department, including, but not limited to, outstanding fees, the department may proceed through the Attorney General to collect the same by action at law.
Amended by 2016 Ga. Laws 450,§ 1-2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 2 - ORGANIZATION AND PERSONNEL OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-30 — 7-1-43) › Section 7-1-43 - Disposition of fees collected; payment of expenses from appropriations

Fees prescribed by this chapter shall be collected by the department and deposited with the Office of the State Treasurer. The department may, at its discretion, remit such amounts net of the cost of recovery, which cost may include fees paid to a collection agency or attorney for recovery of moneys due the department. All of the expenses incurred in connection with the conduct of the business of the department shall be paid out of the appropriations of funds to the department by the General Assembly. Such expenses shall include all expenses incurred as travel expenses by personnel of the department when away from their official station as assigned by the commissioner.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
Amended by 2003 Ga. Laws 376, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 3 - OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-60 — 7-1-79) › Section 7-1-60 - General scope of supervision

Except where otherwise specifically provided, the department shall enforce and administer all laws of this state relating to financial institutions and shall exercise general supervision over financial institutions in accord with the underlying objectives of this chapter.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 3 - OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-60 — 7-1-79) › Section 7-1-61 - Rules and regulations

(a)
The department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is expressly authorized to make rules and regulations, consistent with this chapter, relating to organization, operations, and powers of financial institutions to:
(1)
Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or
(2)
Protect financial institutions jeopardized or challenged by new economic or technological conditions or by significant changes in the legal environment.
(b)
In the exercise of the discretion permitted by this Code section, the commissioner shall consider:
(1)
The ability of financial institutions to exercise any additional powers in a safe and sound manner;
(2)
The authority of any federally chartered bank, as the term "bank" is defined in Code Section
7-1-621
, operating pursuant to federal law, regulation, or authoritative pronouncement;
(3)
The powers of other entities providing financial services in this state; and
(4)
Any specific limitations on financial institution operations or powers contained in this chapter.
(c)
Rules and regulations promulgated by the department may provide for controls, registration, or restrictions reasonably necessary to:
(1)
Prevent unfair or deceptive business practices which are prohibited under Code Section
10-1-393
;
(2)
Prevent deceptive or misleading business practices by financial services providers which may occur by way of alternate delivery systems for the provision of financial products and services such as the internet or other telecommunication capabilities; or
(3)
Prevent or control unfair or deceptive business practices which would operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate.
(d)
All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time.
Amended by 2024 Ga. Laws 701,§ 1, eff. 7/1/2024.
Amended by 2015 Ga. Laws 64,§ 3, eff. 7/1/2015.
Amended by 2005 Ga. Laws 160,§ 4, eff. 5/5/2005.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 3 - OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-60 — 7-1-79) › Section 7-1-61.1 - Expansion of power for banks and credit unions; role of commissioner; documentation to legislative committees

(a)
For purposes of this Code section, the term "power" means any banking or corporate power, right, benefit, privilege, or immunity of a financial institution, the deposits of which are federally insured, as set forth in any federal statute or any regulation, ruling, circular, bulletin, order, or interpretation issued by the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, National Credit Union Administration, or Federal Reserve System.
(b)
To provide parity with financial institutions whose deposits are federally insured, the commissioner may, by specific order directed to a category of banks or credit unions, grant any power conferred upon a financial institution, subject to the supervision of the federal government, to:
(1)
State chartered banks and credit unions to enable such banks and credit unions to compete; and
(2)
Subsidiaries of state chartered banks and credit unions to the same extent powers are granted to subsidiaries of national banks or federal credit unions to enable such subsidiaries of state chartered banks and credit unions to compete.
(c)
No order provided for in subsection (b) of this Code section shall be issued unless the commissioner determines that such activity will not present undue safety and soundness risks to the banks or credit unions involved. In making such determination, the commissioner shall consider the financial condition and regulatory safety and soundness ratings of the banks or credit unions affected and the ability of management to administer and supervise the activity. The department shall make any order issued pursuant to this Code section available for public review.
(d)
No later than ten days after the issuance of any order by the commissioner pursuant to this Code section, the commissioner shall provide a copy of such order to the chairpersons of the House Committee on Banks and Banking and Senate Banking and Financial Institutions Committee.
Amended by 2018 Ga. Laws 339,§ 2, eff. 5/3/2018.
Added by 2015 Ga. Laws 64,§ 4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 3 - OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-60 — 7-1-79) › Section 7-1-62 - Accounting procedures

The department may promulgate regulations concerning the manner in which the books of financial institutions will be maintained in order to assist the department in its examinations and other supervisory activities, provided that, in all events:
(1)
A financial institution shall enter on its books a complete and accurate account of all of its assets, whether the assets are in its name or the name of others, at values which shall not, without the prior approval of the department, exceed the actual cost of the assets to the financial institution; and
(2)
A financial institution shall enter on its books a complete and accurate account of its liabilities, its borrowings, and the security interests it has granted and shall maintain additional accounts for losses and expenses.
2023 CODE OF GEORGIA › Title 7 - BANKING AND FINANCE (§§ 7-1-1 — 7-9-13) › Chapter 1 - FINANCIAL INSTITUTIONS (§§ 7-1-1 — 7-1-1138) › Article 1 - PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY (§§ 7-1-1 — 7-1-239.10) › Part 3 - OPERATIONS OF DEPARTMENT OF BANKING AND FINANCE (§§ 7-1-60 — 7-1-79) › Section 7-1-63 - Retention of records

(a)
The department shall issue regulations classifying records kept by financial institutions and prescribing the period, if any, for which records of each class shall be retained and the form in which such records shall be maintained. Such periods may be permanent or for a lesser term of years. In issuing such regulations, consideration shall be given to the objectives of this chapter and to:
(1)
Evidentiary effect in actions at law and administrative proceedings in which the production of records of financial institutions might be necessary or desirable;
(2)
State and federal statutes of limitation applicable to such actions or proceedings;
(3)
Availability of information contained in the records of the financial institution from other sources;
(4)
Requirements of electronic systems of transferring funds; and
(5)
Other pertinent matters;
so that financial institutions will be required to retain records for as short a period as is commensurate with interests of customers, shareholders, and the people of this state.
(b)
The regulations of the department shall not require financial institutions to maintain originals of checks or items for the payment of money or original computer tapes or original records with respect to accounts which have been inactive for a period of 12 successive months. Where a financial institution employs computers, its records may consist of legible products of computer operations.
Amended by 2011 Ga. Laws 52,§; 4, eff. 1/1/2013.