PocketLaw | Georgia Code | Irrevocable Letter of Credit or Pledge of

Irrevocable Letter of Credit or Pledge of Securities for Receivership Contingency

1. A trust company shall provide an irrevocable letter of credit or pledge securities acceptable to the department to defray the costs of a liquidation of the trust company in the event it should be placed into receivership.
2. The amount of the securities or the letter of credit required in this Code section shall be determined by the department as appropriate to defray the costs associated with receivership, provided that such amount shall be no less than $500,000.00.
3. Any letter of credit shall be:
  1. Made payable to the department and issued by a Federal Home Loan Bank or a federally insured financial institution, approved by the department and authorized to do business in this state;
  2. In a form and with terms acceptable by the department; and
  3. Obtained from an entity in which the trust company has no financial interest.
4. Any pledged securities shall be held at a bank authorized to do business in this state, and any fees associated with holding such securities shall be the responsibility of the trust company.
If a trust company is placed in receivership, the department may, without regard to any priorities, preferences, or adverse claims, reduce the pledged securities or the letter of credit provided by a trust company to cash and, as soon as practicable, utilize the cash to defray the costs associated with receivership.

(Code 1981, §7-1-316, enacted by Ga. L. 2017, p. 193, § 8/HB 143.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur.2d, Banks and Financial Institutions, §§ 259, 1092 et seq.

C.J.S.

- 10 C.J.S., Bills and Notes; Letters of Credit, § 370 et seq.

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