O.C.G.A.

O.C.G.A. § 7-1-130 (2019)

Permissible names

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The name of a financial institution shall not contain the words “Government,” “Official,” “Federal,” “National,” or “United States” or any abbreviation of any such words and shall not in the opinion of the department: (1) Be indistinguishable from the corporate name of another financial institution conducting a banking business in this state as reflected in the records of the department; or (2) Contain any word which may lead to the conclusion that the financial institution is authorized to perform any act or conduct any business which it is unauthorized or forbidden to perform by law, its articles, or otherwise. (b) A financial institution may, without regard to subsection (a) of this Code section, use: (1) Its name in use on April 1, 1975; (2) A name in use on April 1, 1975, by another financial institution which is adopted by: (A) A financial institution which is the resulting institution in

a plan of merger or consolidation to which the institution using the name is a party; or (B) A financial institution which is incorporated under this chapter in pursuance of a plan of segregating the banking business and the trust business of the institution using the name; or (3) A name of another financial institution already transacting business with the consent of the latter institution, provided that the names are distinguishable in the records of the Secretary of State.

History

Code 1933, § 41A-601, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1998, p. 795, § 10.

Annotations

Cross references. Further restrictions on use of names by banks and trust companies, § 7-1-243.

Restriction on use of terms “savings and loan,” “building and loan,” § 7-1-779. Permissible corporate names generally, § 14-2-401. 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.

C.J.S. 9 C.J.S., Banks and Banking, §§ 43, 528.