Expansion of Power for Banks and Credit Unions; Role of Commissioner; Documentation to Legislative Committees

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally
  6. Operations of Department of Banking and Finance
  7. Expansion of Power for Banks and Credit Unions; Role of Commissioner; Documentation to Legislative Committees

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  1. For purposes of this Code section, the term "power" means any banking or corporate power, right, benefit, privilege, or immunity of a financial institution, the deposits of which are federally insured, as set forth in any federal statute or any regulation, ruling, circular, bulletin, order, or interpretation issued by the Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, National Credit Union Administration, or Federal Reserve System.
  2. To provide parity with financial institutions whose deposits are federally insured, the commissioner may, by specific order directed to a category of banks or credit unions, grant any power conferred upon a financial institution, subject to the supervision of the federal government, to:
    1. State chartered banks and credit unions to enable such banks and credit unions to compete; and
    2. Subsidiaries of state chartered banks and credit unions to the same extent powers are granted to subsidiaries of national banks or federal credit unions to enable such subsidiaries of state chartered banks and credit unions to compete.
  3. No order provided for in subsection (b) of this Code section shall be issued unless the commissioner determines that such activity will not present undue safety and soundness risks to the banks or credit unions involved. In making such determination, the commissioner shall consider the financial condition and regulatory safety and soundness ratings of the banks or credit unions affected and the ability of management to administer and supervise the activity. The department shall make any order issued pursuant to this Code section available for public review.
  4. No later than ten days after the issuance of any order by the commissioner pursuant to this Code section, the commissioner shall provide a copy of such order to the chairpersons of the House Committee on Banks and Banking and Senate Banking and Financial Institutions Committee.

(Code 1981, §7-1-61.1, enacted by Ga. L. 2015, p. 344, § 4/HB 184; Ga. L. 2018, p. 214, § 2/HB 780.)

The 2018 amendment, effective May 3, 2018, substituted "directed to a category" for "directed to an individual bank or credit union or category" in the introductory paragraph of subsection (b); and added subsection (d). See Editor's notes for applicability.

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."

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur.2d, Banks and Financial Institutions, § 253 et seq.

C.J.S.

- 9 C.J.S., Banks and Banking, § 222 et seq.


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