Procedures for Department

1. Law
2. Georgia Code
3. Banking and Finance
4. Financial Institutions
5. Credit Unions
6. General Provisions; Organization
7. Procedures for Department

1. The department shall, in its discretion, approve or disapprove of proposed amendments to the articles or to the bylaws within 90 days after they are submitted by the credit union and within that time shall so advise the Secretary of State of any changes to the articles and inform the credit union in writing of its approval or disapproval.
2. If the department should disapprove any articles or proposed amendments to articles or bylaws, it shall state the reasons for its disapproval.The subscribers or credit union shall have reasonable time, not more than 90 days from the date of disapproval or such additional time as the department may allow, to correct any matters causing its disapproval. If such matter is corrected, the department shall then advise the Secretary of State and credit union in writing of its approval of changes to the articles or the credit union alone in writing of its approval in the case of amendment of the bylaws.
3. Final action by the department in approving or disapproving articles or amendments thereto or to the bylaws shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90.

(Ga. L. 1967, p. 595, § 4; Code 1933, § 41A-3006, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1989, p. 1257, § 22; Ga. L. 2005, p. 826, § 15/SB 82.)

OPINIONS OF THE ATTORNEY GENERAL

Department may not disapprove bylaws which fully comply with O.C.G.A.

§ 7-1-630 et seq. - Superintendent (now commissioner) may not disapprove a bylaw which fully complies with the law or credit unions; the superintendent may only disapprove those bylaws which do not conform to the law. 1972 Op. Att'y Gen. No. 72-109.

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Corporations, § 115.

Download our app to see the most-to-date content.