Incorporation Procedures

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Credit Union Deposit Insurance Corporation
  5. Incorporation Procedures

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  1. Within one year after July 1, 1974, the duly authorized representatives of not less than three credit unions chartered and existing under the laws of this state may petition the Secretary of State for incorporation of a nonprofit credit union deposit insurance corporation, hereinafter referred to as the "corporation." Such petition shall be accompanied by articles of incorporation in triplicate which shall include the following:
    1. The name of the proposed corporation, which shall include the words "deposit insurance corporation," and no corporation other than one incorporated pursuant to this chapter shall use the words in sequence "deposit insurance corporation";
    2. The location of its initial registered office;
    3. The purpose and nature of the business of the corporation, which shall be to aid and assist any member financial institution which is in liquidation or facing liquidation due to insolvency in order that the deposits and shares of any member shall be insured or guaranteed against loss in such amounts as may from time to time be established by the board of directors of the corporation pursuant to this chapter;
    4. Membership in the corporation, which shall be limited, except as otherwise expressly provided, to financial institutions, approved for membership by the directors of the corporation upon recommendation of the Department of Banking and Finance of this state, hereinafter referred to as the "department"; and
    5. The term of existence of the corporation, which shall be perpetual unless otherwise limited.
  2. Upon receipt of the articles, the Secretary of State shall forward one copy to the department.
  3. Before the articles are approved by the department, an appropriate investigation shall be made by the department for the purpose of determining:
    1. Whether the articles conform to this chapter;
    2. The general character and fitness of the petitioners;
    3. The economic advisability of establishing the proposed corporation; and
    4. Whether such corporation would cause undue harm to a corporation already existent under this chapter.

      Upon approval of the articles in writing by the department, such written approval shall be delivered to the Secretary of State.

  4. Upon receipt of the approval of the department, the Secretary of State shall thereupon issue a certificate of incorporation to the petitioners.

(Ga. L. 1974, p. 545, § 1; Ga. L. 1981, p. 1241, § 1; Ga. L. 1984, p. 952, § 1.)

Law reviews.

- For comment, "If It Quacks Like a Duck: In Light of Today's Financial Environment, Should Credit Unions Continue to Enjoy Tax Exemptions?," see 28 Ga. St. U.L. Rev. 1367 (2012).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18A Am. Jur. 2d, Corporations, § 241.

C.J.S.

- 18 C.J.S., Corporations, § 47 et seq.


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