Taking of Possession by Department; Cumulative Remedies

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally
  6. Receivership Powers and Procedures Generally
  7. Taking of Possession by Department; Cumulative Remedies

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  1. The department may in its discretion take possession of the business and property of any financial institution whenever such financial institution:
    1. Is insolvent or in an unsafe or unsound condition to transact its business;
    2. Has generally suspended payment of its obligations, without authority of law;
    3. Has violated any court order, statute, rule, or regulation, or its articles and the department determines that its continued control of its own affairs threatens injury to the public, the financial community, or its depositors and other creditors; or
    4. Requests the department, by its board of directors, to take possession for the benefit of depositors, other creditors, and shareholders.
  2. The right of the department to take possession of a financial institution shall be in addition to and cumulative with all other rights, remedies, and powers of the department. The department may, in its discretion before or after taking possession, petition the principal court for appointment of a receiver pursuant to subsection (c) of Code Section 7-1-151.

(Ga. L. 1919, p. 135, art. 7, § 1; Ga. L. 1925, p. 165, § 10; Code 1933, §§ 13-801, 13-802, 25-122; Ga. L. 1935, p. 114, § 1; Ga. L. 1937-38, Ex. Sess., p. 307, § 7; Ga. L. 1943, p. 279, § 1; Ga. L. 1956, p. 742, § 4; Ga. L. 1960, p. 977, § 1; Ga. L. 1962, p. 74, § 3; Ga. L. 1967, p. 597, § 2; Ga. L. 1968, p. 465, § 8; Code 1933, § 41A-701, enacted by Ga. L. 1974, p. 705, § 1.)

RESEARCH REFERENCES

C.J.S.

- 9 C.J.S., Banks and Banking, § 133.

ALR.

- Balance due other banks on clearing house settlement as preferred claim against insolvent bank, 44 A.L.R. 1535.

When bank deemed insolvent, or "hopelessly" insolvent, in civil cases, 85 A.L.R. 811.

Bank conservators, 107 A.L.R. 1431.


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