Department Examinations and Investigations; Disclosure of Information or Prior Notice Regarding Examinations of Financial Institutions

  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. Department Examinations and Investigations; Disclosure of Information or Prior Notice Regarding Examinations of Financial Institutions

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  1. Except as otherwise provided in subsection (b) of this Code section, the department shall examine all financial institutions at least once each year and may examine or investigate any financial institution more frequently at any time it deems such action necessary or desirable. At least once annually the examination shall consist of a comprehensive review of the accounts, records, and affairs of the institution.
  2. The department may, consistent with the objectives of this chapter and the purposes listed below, alter the examination frequency and scope as set out in subsection (a) of this Code section:
    1. To achieve cooperation and coordination with other state and federal regulatory authorities including but not limited to examination programs of banks or bank holding companies having multistate operations;
    2. To assure that appropriate time and attention are devoted to the supervision of troubled financial institutions; or
    3. To minimize the examination burden on well-managed financial institutions which have consistently been operated with safe and sound banking practices.
  3. In the case of a financial institution which is a member of the Federal Reserve System or whose deposits are insured by a public body of the United States, the department may accept, in lieu of any examination required by this Code section, examinations or reports thereof made pursuant to the Federal Reserve Act or statutes of the United States authorizing such insurance.
  4. Employees of the department shall not divulge any information or provide prior notice, directly or indirectly, to any officer, director, agent, representative, or employee of a financial institution concerning the time or date of examination of the financial institution except in accordance with internal policy prescribed by the commissioner. Employees violating the policy of the commissioner relating to information or prior notice concerning examinations shall be subject to immediate dismissal.

(Ga. L. 1919, p. 135, art. 3, §§ 1, 2; Ga. L. 1925, p. 165, § 10; Ga. L. 1927, p. 344, § 3; Code 1933, §§ 13-401, 13-402, 25-122, 109-503; Ga. L. 1935, p. 114, § 1; Ga. L. 1937-38, Ex. Sess., p. 307, § 5; Ga. L. 1943, p. 279, § 1; Ga. L. 1945, p. 253, §§ 1, 2; Ga. L. 1956, p. 742, § 4; Ga. L. 1960, p. 977, § 1; Ga. L. 1960, p. 1175, § 1; Ga. L. 1962, p. 74, § 3; Ga. L. 1966, p. 692, §§ 18, 19; Ga. L. 1968, p. 465, § 8; Code 1933, § 41A-305, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1981, p. 1366, § 1; Ga. L. 1995, p. 673, § 7; Ga. L. 1997, p. 485, § 6.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "are" was substituted for "is" in paragraph (b)(2).

U.S. Code.

- The Federal Reserve Act, referred to in subsection (c) of this Code section, is codified generally throughout 12 U.S.C. See 12 U.S.C. § 226.

JUDICIAL DECISIONS

Liability of commissioner.

- In a suit against the superintendent of banks (now commissioner of banking and finance), and surety on the superintendent's bond for loss suffered by the depositor by the superintendent's failure to discover insolvency of certain savings and loan companies, the superintendent could not be held civilly liable for the superintendent's erroneous judgment that the superintendent had no supervisory powers over the corporation unless facts were alleged to show that the superintendent's judgment was willful, malicious, fraudulent, and corrupt. Gormley v. State, 54 Ga. App. 843, 189 S.E. 288 (1936).

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 9 C.J.S., Banks and Banking, §§ 11 et seq., 137.

ALR.

- Use or publication of reports of, or information obtained by, bank examiners, as affected by their alleged confidential character, 123 A.L.R. 1278.


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