O.C.G.A.

O.C.G.A. § 7-1-310 (2019)

Powers to act as fiduciary and in other representative capacities; authority to exercise trust powers

✓ 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) A trust company may act, alone or with others, as: (1) Fiduciary; (2) Investment advisor; (3) Custodian of property; (4) Agent or attorney in fact; (5) Registrar or transfer agent of securities; (6) Fiscal agent of the United States, a state or a public body thereof, a corporation, or a person; and (7) Treasurer of a public body or of a nonprofit corporation. (b) A trust company shall have, in respect to any capacity in which it may act pursuant to a power under subsection (a) of this Code section, all the rights and duties which a person has in such capacity under applicable laws and under the terms upon which the trust company is designated to act in such capacity. (c) Every bank and credit union operating pursuant to this chapter shall possess all of the rights, privileges, powers, and responsibilities herein conferred upon trust companies; provided, however, that no such bank or credit union shall exercise such powers and privileges without the prior written approval of the department after a careful consideration of the factors enumerated in Code Section 7-1-394, relating to the

chartering of trust companies. Any bank exercising or partially exercising trust powers prior to February 27, 1976, authorized by its articles may continue to exercise or partially to exercise those powers to the extent approved by the department without the necessity of obtaining a new approval. (d) Notwithstanding any other provisions of this chapter to the contrary, any bank, credit union, or trust company which does not exercise trust powers as provided in this chapter, whether or not such powers have been incorporated into its articles, may, with the consent of the department, contract with any bank, credit union, or trust company exercising trust powers to provide for the latter bank, credit union, or trust company to offer trust services through the branches and offices of the former bank, credit union, or trust company.

History

Ga. L. 1898, p. 78, § 3; Civil Code 1910, § 2817; Ga. L. 1917, p. 56, § 1; Ga. L. 1919, p. 135, art. 2, § 2; Ga. L. 1920, p. 76, § 1; Code 1933, § 109-201; Code 1933, § 41A-1401, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1976, p. 274, § 1; Ga. L.

1981, p. 1366, § 9; Ga. L. 1982, p. 3, § 7; Ga. L. 1989, p. 1257, § 4; Ga. L. 2016, p. 390, § 7-4/HB 811; Ga. L. 2023, p. 651, § 5/HB 55, effective July 1, 2023. Amendments. The 2023 amendment, effective July 1, 2023, added subsection (d).

Notes of Decisions
Cited in 1 case, 1987–1987 · leading case: Smith v. Hawks, 355 S.E.2d 669 (Ga. Ct. App. 1987).
Smith v. Hawks, 355 S.E.2d 669 (Ga. Ct. App. 1987). · cites it 16× “First Bank relies upon OCGA § 7-1-310 (c), which provides, in part: "Every bank .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.