Right to Deal in Corporation's Stock or Obligations

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Business Development Corporations
  6. Right to Deal in Corporation's Stock or Obligations

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Notwithstanding any rule at common law or any provision of any general or special law or any provision in their respective charters, agreements of association, articles of organization, or trust indentures:

  1. Any person, including all domestic corporations organized for the purpose of carrying on business within this state and further including, without implied limitation, public utility companies and insurance companies and foreign corporations licensed to do business within this state and all lending institutions as defined in paragraph (3) of Code Section 7-1-740 and all trusts are authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by or the shares of the corporation and, while owners of said shares, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state, except as otherwise provided in this article;
  2. All lending institutions are authorized to become members of the corporation and to make loans to the corporation as provided in this article;
  3. Each lending institution which becomes a member of the corporation is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by or the shares of the capital stock of the corporation and, while owners of said stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the State of Georgia, provided that the amount of the capital of the corporation which may be acquired by any member pursuant to the authority granted in this Code section shall not exceed 5 percent of the capital base of such member; and
  4. The amount of shares of the corporation which any member is authorized to acquire pursuant to the authority granted in this Code section is in addition to the amount of shares in the corporation which such member may otherwise be authorized to acquire.

(Ga. L. 1972, p. 798, § 6; Code 1933, § 41A-3407, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1975, p. 445, § 38; Ga. L. 1989, p. 14, § 7.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 19 Am. Jur. 2d, Corporations, §§ 2047 et seq., 2058 et seq.

C.J.S.

- 19 C.J.S., Corporations, § 737 et seq.


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