Objectives of Chapter; Standards for Construction and Regulation

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  1. 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:
      1. Supervision and examination of their business affairs to ensure that they operate in a manner consistent with state law;
      2. Protection of the interests of consumers and service by these entities which is responsive to their consumers; and
      3. Simplification and modernization of the law that governs these entities, together with the delegation of rulemaking 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.
  2. 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.

(Code 1933, § 41A-104, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1997, p. 485, § 1; Ga. L. 2002, p. 1220, § 1.)


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