2021 Georgia Code
Title 7 - Banking and Finance
Chapter 1 - Financial Institutions
Article 1 - Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally
Part 6 - Names, Registered Offices, and Advertising
§ 7-1-131. Reservation of Name; Term

Universal Citation: GA Code § 7-1-131 (2021)
  1. The exclusive right to use a corporate name permitted to be used by a financial institution may be reserved by a person intending to incorporate such an institution, by a corporation intending to engage in business in this state as a financial institution, by a financial institution intending to change its name, or by a national bank, a federal credit union, or a savings and loan association intending to convert into a financial institution organized under the laws of this state.
  2. Such reservation may be made by filing with the department a letter form application to reserve a specified name. If the department concludes that the use of the name complies with the requirements of Code Section 7-1-130, is otherwise consistent with the purposes and provisions of this chapter, and is distinguishable upon the records of the Secretary of State from the name of any other corporation, limited partnership, or limited liability company, it shall approve the name and notify the Secretary of State to issue such name reservation.
  3. The right to the exclusive use of a name reserved pursuant to this Code section may be transferred to anyone who would be entitled to reserve such name under this Code section except for such prior reservation by filing with the department a notice of the transfer which shall be executed by the transferor who reserved the name and which shall set forth the name and address of the transferee. The department shall send a copy of such notice to the Secretary of State.
  4. Notwithstanding any other provisions of law, the process set forth in this Code section shall be the exclusive process for reserving the corporate name of a financial institution. Such reservation shall be valid for a period of six months.

(Code 1933, § 41A-602, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1975, p. 445, § 14; Ga. L. 1978, p. 1717, § 2; Ga. L. 1989, p. 1257, § 1; Ga. L. 1998, p. 795, § 11; Ga. L. 2021, p. 323, § 1/HB 111.)

The 2021 amendment, effective July 1, 2021, substituted "limited liability company" for "professional association" in the second sentence of subsection (b) and added the last sentence of subsection (d).

Cross references.

- Use of corporate names by Secretary of State corporations, §§ 14-4-22,14-4-25.

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, § 183.

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