Certain Misdemeanors of Directors, Officers, Agents, and Employees of Financial Institutions

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Financial Institutions
  5. Criminal and Related Provisions
  6. Certain Misdemeanors of Directors, Officers, Agents, and Employees of Financial Institutions

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Any officer, director, agent, or employee of any financial institution who shall perform the following acts or deeds shall be guilty of a misdemeanor:

  1. Advertises by any office sign or upon any letterhead, billhead, bank note, receipt, certificate, or circular or on any written or printed paper that the deposits in said financial institution are insured or guaranteed, unless such deposits in said financial institution are, in fact, insured and guaranteed as required by Code Sections 7-1-244 and 7-1-666 or regulation or action of the department pursuant thereto.
  2. Intentionally conceals from the directors of any financial institution or from the committee to whom the directors have delegated authority to pass on loans and discounts any discount or loan made for and in behalf of said financial institution or the purchase or sale of any evidence of indebtedness or agreement for the payment of money.
  3. Uses or applies any part of the capital or other funds of any financial institution to the purchase of shares of its own stock, unless such purchase shall be necessary to prevent loss upon a debt previously contracted in good faith under Code Section 7-1-263 or is otherwise permitted by law.
  4. Concurs in any vote or act of the directors of such financial institution by which it is intended to declare a dividend or reduce or make a distribution of capital, except as authorized by Code Section 7-1-460 or 7-1-461 or otherwise under this chapter or other applicable law.
  5. Discounts or receives any evidence of indebtedness or agreement for the payment of money in payment of any subscription for common or preferred shares or with intent to enable any shareholder to withdraw any part of the money paid by him for shares held in the financial institution.
  6. Knowingly and willfully issues, participates in issuing, or concurs in any vote of the directors to issue any increase of its capital beyond the amount of the capital thereof duly authorized by or in pursuance of law or who knowingly or willfully sells or agrees to sell or who is interested, directly or indirectly, in the sale of any such shares of stock of such financial institution or in any agreement to sell the same.
  7. Certifies any check, draft, or order where the drawer of such check, draft, or order does not have on deposit with the financial institution at the time of such certification an amount of money equal to the amount specified in such check, draft, or order or fails to charge or set aside such amount from the deposit of the drawer immediately for the purpose of paying such certified check, draft, or order when presented.
  8. Makes or consents to the making of any conveyance, assignment, transfer, mortgage, or lien with intent to hinder, delay, or defraud creditors, after insolvency of the financial institution or in contemplation thereof, whether the same is made to an innocent purchaser or to any other person.

(Ga. L. 1919, p. 135, art. 19, § 37; Ga. L. 1919, p. 135, art. 20, §§ 15, 16, 24, 25, 26, 27, 30; Ga. L. 1927, p. 195, § 14; Code 1933, §§ 13-2037, 13-9915, 13-9916, 13-9924, 13-9925, 13-9926, 13-9927, 13-9929; Code 1933, § 41A-9906, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 2016, p. 390, § 7-20/HB 811.)

Cross references.

- Obligation of bank to certify check, § 11-3-411.

JUDICIAL DECISIONS

No defense in action for purchase price to cancel notes.

- It is no defense to action for purchase price to set up agreement of bank president to cancel notes in consideration of surrender of stock. Knight v. Jeff Davis Banking Co., 31 Ga. App. 440, 120 S.E. 696 (1923).

Cited in Commercial Bank v. Department of Banking & Fin., 244 Ga. 172, 259 S.E.2d 435 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, § 429 et seq.

C.J.S.

- 9 C.J.S., Banks and Banking, § 775.

ALR.

- Validity and enforceability of agreement with bank officer or employee individually in connection with bank accommodation, 41 A.L.R. 349.

Criminal offense of making false statement or report as to assets or condition of bank, 85 A.L.R. 824.


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