Bank Holding Companies That Control a Bank - Registration, Reporting, Examinations, and Control

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Banks and Trust Companies
  6. Bank Branches, Offices, Facilities, and Holding Companies
  7. Bank Holding Companies That Control a Bank - Registration, Reporting, Examinations, and Control

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  1. On July 1, 1976, and annually thereafter on dates established by the commissioner, each bank holding company that controls a bank chartered by the department shall register with the commissioner on forms provided or prescribed by him or her, which may include such information with respect to the financial condition, operation, management, and intercompany relationships of the bank holding company and its subsidiaries and related matters as the commissioner may deem necessary or appropriate to carry out the purposes of this part.
  2. The commissioner is authorized to issue such regulations and orders as may be necessary to enable him or her to administer and carry out the purposes of this Code section.
  3. The commissioner from time to time may require reports under oath to keep him or her informed as to whether the provisions of this Code section and such regulations and orders thereunder issued by him or her have been complied with; may make examinations of each bank holding company and each subsidiary thereof, the cost of which may be assessed against and paid by such holding company; and shall, as far as possible, use the reports of examination made by the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, or the Board of Governors of the Federal Reserve System for the purposes of this Code section.
  4. Bank holding companies that control a bank chartered by the department and subsidiaries or affiliates thereof shall be regulated, controlled, and examined by the commissioner to the same extent that he or she regulates, controls, and examines state banks under his or her jurisdiction, which would be in addition to the authority of the Federal Reserve Board as fixed by the laws of the United States. The commissioner is authorized, directed, and required to promulgate, with precision, rules and regulations and investment procedures in the regulation, examination, and control of bank holding companies that control a bank chartered by the department.

(Code 1933, § 13-207.2, enacted by Ga. L. 1976, p. 168, § 4; Ga. L. 1999, p. 674, § 17; Ga. L. 2016, p. 390, § 2-16/HB 811; Ga. L. 2017, p. 193, § 13/HB 143.)

OPINIONS OF THE ATTORNEY GENERAL

Commissioner has discretion to promulgate rules for regulation and examination.

- Amendments to Georgia bank holding company statutes commit promulgation of rules for regulation, examination and control of bank holding companies doing business in Georgia to discretion of the commissioner, who should exercise the commissioner's discretion in issuance of rules and regulations to the extent necessary to effectuate the purposes of bank holding company statutes. 1976 Op. Att'y Gen. No. 76-76.

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, § 21.

11 Am. Jur. 2d, Banks and Financial Institutions, §§ 1192, 1194.


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