2020 Georgia Code
Title 7 - Banking and Finance
Chapter 1 - Financial Institutions
Article 2 - Banks and Trust Companies
Part 18 - Bank Branches, Offices, Facilities, and Holding Companies
§ 7-1-600. Definitions
As used in this part, the term:
- "Bank" means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business and may include corporations who provide some or all of the financial services listed in this paragraph by technological means in lieu of or in addition to traditional geographically based delivery systems but, unless the context otherwise indicates, shall not include national banks or similar corporations. Such term shall include "main office" and any "branch office," unless the context indicates that it does not.
- "Bank holding company" means "bank holding company" as defined in Code Section 7-1-605.
- "Banking office" or "banking location" means either a main office or a branch office.
- "Banking services" shall include all those offerings or services resulting from the exercise of banking powers as granted to banks in this title or by other applicable federal or state law or regulation.
- "Branch office" means any location of a bank other than the main office where banking services are offered to the public. It does not include a representative office as defined in Code Section 7-1-590 or a bank extension as defined in Code Section 7-1-603. The department may provide by regulation that certain other activities do or do not constitute the formation of a branch office.
- "Main office" means the principal banking location of a bank as such location appears in the records of the department. A bank shall indicate its principal banking location with the department, and if it fails to do so, the department shall choose a banking location of such bank to be the main office and shall so notify such bank.
(Ga. L. 1919, p. 135, art. 1, § 1; Ga. L. 1925, p. 119, § 1; Ga. L. 1927, p. 195, § 1; Code 1933, § 13-201; Ga. L. 1960, p. 67, § 2; Code 1933, § 13-201.1, enacted by Ga. L. 1960, p. 67, § 3; Ga. L. 1963, p. 602, § 1; Ga. L. 1970, p. 954, § 2; Ga. L. 1976, p. 168, § 1; Ga. L. 1986, p. 458, § 8; Ga. L. 1996, p. 6, § 7; Ga. L. 1997, p. 485, § 20; Ga. L. 1999, p. 674, § 17; Ga. L. 2016, p. 390, § 7-12/HB 811.)
Cross references.- Applicability of "bank office" and "bank facility" definitions to definitions of "bank" and "branch" in the UCC, § 11-1-201(4).
Law reviews.- For annual survey of law of business associations, see 43 Mercer L. Rev. 85 (1991).
JUDICIAL DECISIONS
Authority to operate branch banks.
- Although a bank holding company may change the corporate structure of the company's banking subsidiaries through merger, consolidation, or purchase, and may continue all of the banking activities of the component banks, a bank holding company may not, through the company's banking subsidiary, acquire "branch banks" and continue to operate the branches as such. First Nat'l Bank of Commerce v. Community Bankers Ass'n, 260 Ga. 371, 394 S.E.2d 95 (1990).
Drive-in facilities.- Drive-in window would ordinarily fit within the definition of a bank facility. Jackson v. First Nat'l Bank, 349 F.2d 71 (5th Cir. 1965).
Drive-in facility clearly comes within the Georgia definition of a bank facility. Jackson v. First Nat'l Bank, 246 F. Supp. 134 (M.D. Ga. 1965).
Cited in Jackson v. First Nat'l Bank, 292 F. Supp. 156 (N.D. Ga. 1968); Independent Bankers Ass'n v. Dunn, 230 Ga. 345, 197 S.E.2d 129 (1973).
OPINIONS OF THE ATTORNEY GENERALMobile check cashing service would come under jurisdiction of State Banking Department. 1967 Op. Att'y Gen. No. 67-286.
Production Credit Associations are not banks, and statutes applicable to taxation of banks do not apply to Production Credit Associations located in the State of Georgia. 1957 Op. Att'y Gen. p. 312.
Public funds held by county officials may not be deposited in savings and loan associations.- Public funds held by county officials must be deposited in one or more solvent banks and may not be deposited in savings and loan associations. 1974 Op. Att'y Gen. No. 74-145.
When loan production office is a place of business.- When a loan production office performs all competitive and service-related functions in soliciting and servicing loans, it clearly is a place of business within the meaning of former Code 1933, § 13-201.1. 1974 Op. Att'y Gen. No. 74-12.
Classification of formerly established branch bank located in same county as principal office.
- Place of banking business which is located within the county in which is located the principal office of the bank, and which was formerly a lawfully established branch bank within the meaning of former Code 1933, § 13-201.1 (see now O.C.G.A. § 7-1-600(5)), is for purposes of former Code 1933, §§ 13-203 and 13-203.1 (see now O.C.G.A. §§ 7-1-601 and7-1-602) to be treated as a bank office as defined by former Code 1933, § 13-201.1 (see now O.C.G.A. § 7-1-600(4)). 1974 Op. Att'y Gen. No. 74-35.
RESEARCH REFERENCES
Am. Jur. 2d.
- 10 Am. Jur. 2d, Banks and Financial Institutions, § 623 et seq.
C.J.S.- 9 C.J.S., Banks and Banking, §§ 46, 47.
