Approval Required for Change of Control or Ultimate Equitable Owner; Additional Requirements; Denial and Notification of Reasons

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Cashing of Payment Instruments
  6. Approval Required for Change of Control or Ultimate Equitable Owner; Additional Requirements; Denial and Notification of Reasons

Checkout our iOS App for a better way to browser and research.

  1. Except as provided in this Code section, no person shall become an ultimate equitable owner of any licensee through acquisition or other change in control or become an executive officer of a licensee as a result of such acquisition or other change in control unless the person has first received written approval for such acquisition, change in control, or designation as an executive officer from the department. In order to obtain such approval, such person shall:
    1. File an application with the department in such form as the department may prescribe from time to time;
    2. Provide such other information as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and executive officers, if a corporation, and its members, if applicable, and of any proposed new directors, executive officers, members, or ultimate equitable owners of the licensee; and
    3. Pay such application fee as the department may prescribe.
  2. The department may prescribe additional requirements for approval of such acquisition, change in control, or designation as an executive officer as a result of such acquisition or other change in control through rules and regulations.
  3. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial.

(Code 1981, §7-1-705.1, enacted by Ga. L. 2014, p. 251, § 2/HB 982; Ga. L. 2018, p. 214, § 22/HB 780.)

The 2018 amendment, effective May 3, 2018, inserted "as a result of such acquisition or other change in control" in the middle of the introductory paragraph of subsection (a) and in subsection (b). 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."


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