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2018 Georgia Code 45-8-15 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 8. Accounting for Public Funds, 45-8-1 through 45-8-33.

ARTICLE 6 TEMPORARY FURLOUGHS

45-8-15. Deposit of funds in banks or depositories - Lien in favor of public body on bank assets; deposit as trust fund.

Upon any deposit of public funds being made in any bank, whether designated as a depository or not, there shall arise in favor of the public body to which such fund belongs a lien on all the assets of said bank, superior to all other liens, for the amount of such funds. Upon being deposited in any bank, all funds of any public body shall be deemed to be held as a trust fund.

(Ga. L. 1933, p. 78, § 6; Code 1933, § 89-813.)

JUDICIAL DECISIONS

"Any bank".

- The language "any bank" in this section includes a private as well as a regularly chartered bank. State v. Parramore, 214 Ga. 578, 106 S.E.2d 1 (1958).

Property not constituting asset of bank.

- Property, title to which has been conveyed by the bank to secure debts incurred in the regular course of the bank's business, is not an asset of the bank under the meaning of this section. State v. Parramore, 214 Ga. 578, 106 S.E.2d 1 (1958).

Fund collected by state agent as superior lien.

- When the claim of the state was not for "debts due for taxes, state and federal," but was based upon a fund collected by the state through its automobile tag agent and deposited in a private bank under the name of the tag agent, the state occupied the position of "debts due depositors" with "a lien on all the assets of said bank, superior to all other liens, for amount of such funds." State v. Parramore, 214 Ga. 578, 106 S.E.2d 1 (1958).

Cited in Hancock County v. Hancock Nat'l Bank, 67 F.2d 421 (5th Cir. 1933); Whipple v. American Sur. Co., 92 F.2d 673 (5th Cir. 1937).

OPINIONS OF THE ATTORNEY GENERAL

The funds of a local housing authority held exclusively for a public purpose were public funds within the meaning of former Code 1933, §§ 89-812 and 89-813 (see now O.C.G.A. §§ 48-5-13 and45-8-15). 1957 Op. Att'y Gen. p. 7.

Purchase of obligations of public housing agency by depository bank.

- A state bank may purchase obligations of a public housing agency and pledge the obligations as security for the repayment of a deposit of funds made with the bank by the housing agency provided the purchase of such obligations does not exceed 10 percent of the capital and unimpaired surplus of the bank. 1957 Op. Att'y Gen. p. 7.

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