Definitions and Applicability

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 Procedures Involving Trust or Pooled Assets
7. Definitions and Applicability

1. As used in this part, the term:
   1. "Pooled assets" means mortgages, securities, or other assets comprising any mortgage or securities pool operated by such financial institution (whether said assets are held in the name of the institution or a nominee therefor) or with respect to which undivided interests have been created, regardless of whether or not the financial institution is technically a trustee and regardless of whether or not certificates of participation have been issued with respect thereto.
   2. "Trust assets" means all assets held by financial institutions as trustee, administrator, executor, guardian, or in a similar fiduciary capacity but shall not include assets held by the commercial department of the financial institution or pooled assets, as defined in paragraph (1) of this subsection.
2. In the event of conflict, this part and not other parts of this article or other articles of this chapter shall control as to the trust assets and the pooled assets of any financial institution in receivership.

(Code 1933, § 41A-901, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 2020, p. 493, § 7/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "or pooled assets, as defined" for "or 'pooled assets' as defined" near the end of paragraph (a)(2).

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