Publication of Notices or Advertisements

  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. Purposes and Preliminary Matters
  7. Publication of Notices or Advertisements

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  1. Except as otherwise expressly provided, any notice or advertisement required by this chapter to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 9-13-142) of the county which is or is to be the location of the main office of the financial institution.
  2. The department may waive or modify any requirement to publish a notice:
    1. In order to facilitate a merger, consolidation, or sale of assets when one of the parties is a failed or failing bank as determined by the commissioner;
    2. Whenever it determines that the public benefit is not significantly served by a second or subsequent publication in a situation where a series of transactions would otherwise require multiple publications;
    3. Where a similar publication required by another state or federal regulator serves substantially the same purpose;
    4. By regulation or order, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; or
    5. For other reasons of regulatory parity.
  3. The department may require proof of publication or modified publication having been completed prior to consummation of the underlying transaction.

(Code 1933, § 41A-108, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1980, p. 972, § 2; Ga. L. 1987, p. 1586, § 1; Ga. L. 1995, p. 673, § 3; Ga. L. 1998, p. 795, § 3; Ga. L. 2000, p. 136, § 7; Ga. L. 2000, p. 174, § 2.)

Code Commission notes.

- The amendment (enactment) of this Code section by Ga. L. 2000, p. 136, § 7, irreconcilably conflicted with and was treated as superseded by Ga. L. 2000, p. 174, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Administrative Rules and Regulations.

- Notification of filing and protest, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Banking and Finance, Banks, Applications, Registrations, and Notifications, Rule 80-1-1-.04.

RESEARCH REFERENCES

Am. Jur. 2d.

- 18A Am. Jur. 2d, Corporations, § 954 et seq. 18B Am. Jur. 2d, Corporations, § 1431 et seq.

C.J.S.

- 19 C.J.S., Corporations, § 791 et seq.


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