Restrictions on Banking and Trust Nomenclature

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Banks and Trust Companies
  6. General Matters
  7. Restrictions on Banking and Trust Nomenclature

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  1. Except as provided in subsection (c) of this Code section, no person or corporation except a bank, a national bank, or a corporation lawfully owning the majority of the voting stock of a bank or national bank or a subsidiary of such bank, national bank, or corporation shall use the words "bank," "banker," "banking company," "banking house," or any other similar name indicating that the business done is that of a bank upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter.
  2. Except as provided in subsection (c) of this Code section, no person or corporation except:
    1. A corporation lawfully authorized to exercise trust powers or any subsidiary thereof;
    2. A corporation lawfully owning the majority of the voting stock of any corporation authorized to exercise trust powers, or any subsidiary of such owner corporation;
    3. An enterprise whose structure is in the nature of a trust where the trustees include a corporation lawfully authorized to exercise trust powers in this state; or
    4. An eleemosynary institution

      shall use the words "trust" or "trust company" or any similar name indicating that the business done is that of a trust company upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter.

  3. Nothing in this Code section shall be construed to:
    1. Prevent the use of the words "banks," "banker," "banking," "banker's," "trust," or any similar word in a context clearly not purporting to refer to a banking or a trust business or to a business primarily engaged in the lending of money, underwriting or sale of securities, acting as a financial planner, financial service provider, investment or trust adviser, or acting as a loan broker;

      (1.1) Prevent the use of the words "credit union," or any similar word in a context clearly not purporting to refer to a credit union or to a business primarily engaged in the lending of money, or accepting shares or deposits or acting as a loan broker;

    2. Prohibit advertisement in media distributed in or transmitted into this state by persons or corporations lawfully engaged in the banking, credit union, or trust business outside of this state; or
    3. Prevent any person or corporation from continuing to use its name legally in use on April 1, 1989.
  4. The department shall advise the Secretary of State of any corporate name or proposed corporate name it deems to be inconsistent with this Code section.

(a.1)Except as provided in subsection (c) of this Code section, no person or corporation except a credit union or a federal credit union or a subsidiary of such credit union or federal credit union shall use the words "credit union," or any other similar name indicating that the business done is that of a credit union upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter.

(Ga. L. 1927, p. 344, §§ 1, 2; Code 1933, § 109-502; Ga. L. 1974, p. 463, § 1; Code 1933, § 41A-1104, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1978, p. 1717, § 3; Ga. L. 1981, p. 1366, § 5; Ga. L. 1989, p. 1257, § 2; Ga. L. 1999, p. 674, § 3; Ga. L. 2009, p. 86, § 4/HB 141; Ga. L. 2010, p. 878, § 7/HB 1387; Ga. L. 2018, p. 214, § 4/HB 780.)

The 2018 amendment, effective May 3, 2018, inserted "or a subsidiary of such credit union or federal credit union" in the middle of subsection (a.1). See Editor's notes for applicability.

Cross references.

- Further regulations pertaining to use of names by financial institutions, § 7-1-130.

Editor's notes.

- Ga. L. 2018, p. 214, § 26(b)/HB 780, not codified by the General Assembly, provides that: "It is not the intent of the General Assembly to affect the law applicable to litigation pending as of March 9, 2018."

OPINIONS OF THE ATTORNEY GENERAL

Open-end investment fund not engaged in banking may use term "trust".

- When open-end investment fund is not engaged in the banking business in this state, use of the term "trust" does not violate former Code 1933, § 41A-1104. 1975 Op. Att'y Gen. No. 75-92.

Name did not indicate that trust company business was conducted.

- Use of the name Fidelity Daily Income Trust by a duly organized business trust does not indicate that the business being done by the fidelity is that of a "trust company"; therefore, fidelity is not in violation of former Code 1933, § 41A-1104 (see now O.C.G.A. § 7-1-243). 1975 Op. Att'y Gen. No. 75-92.

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, § 183.

C.J.S.

- 9 C.J.S., Banks and Banking, § 43.

ALR.

- Modern status of the Massachusetts or business trust, 88 A.L.R.3d 704.


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