Prohibition of Promoters' Fees

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Banks and Trust Companies
  6. Incorporation of Banks and Trust Companies
  7. Prohibition of Promoters' Fees

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  1. A bank or trust company shall not pay any fee, compensation, or commission for promotion in connection with its organization or apply any money received on account of shares or subscriptions, selling shares, or other services in connection with its organization, except legal fees, commissions or fees to disinterested third parties for sale of bank stock to others, and other usual and ordinary expenses necessary for its organization.
  2. A majority of incorporators shall file with the department at the time of filing of the articles an affidavit:
    1. Setting forth all expenses incurred or to be incurred in connection with the organization of the bank or trust company, subscription for its shares, and sale of its shares; and
    2. Stating that no fee, compensation, or commission prohibited by subsection (a) of this Code section has been paid or incurred.
  3. In the event of a violation of this Code section the department may disapprove the articles on account of such violation.

(Code 1933, § 41A-1802, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1999, p. 674, § 7.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Corporations, §§ 98, 99.

C.J.S.

- 18 C.J.S., Corporations, § 148.


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