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Call Now: 904-383-7448A commercial bank may deduct a reasonable collection charge covering its actual expenses from the remittance for any check forwarded to it for collection and remittance as a special collection item and may impose a service charge as authorized by Code Section 44-12-196, relating to when an instrument on which a banking or financial organization is directly liable is presumed abandoned.
(Ga. L. 1919, p. 135, art. 19, §§ 27, 28; Ga. L. 1920, p. 102, § 1; Code 1933, §§ 13-2027, 13-2028; Ga. L. 1939, p. 360, §§ 1, 2; Ga. L. 1966, p. 692, § 50; Ga. L. 1967, p. 798, §§ 1, 2; Ga. L. 1969, p. 126, § 1; Ga. L. 1973, p. 526, §§ 6, 7; Code 1933, § 41A-1703, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1995, p. 1368, § 2; Ga. L. 2016, p. 390, § 2-6/HB 811.)
The 2016 amendment, effective July 1, 2016, deleted "shall pay all checks drawn on it at par and shall make no charge for the payment of such checks; provided, however, it" following "commercial bank" near the beginning of this Code section.
- Bank deposits and collections generally, Art. 4, T. 11.
- Since the court found that O.C.G.A. §§ 7-1-239.5 and7-1-372 were in direct conflict with 12 U.S.C. § 24 and 12 C.F.R. § 7.4002(a) under the National Bank Act, 12 U.S.C. § 21 et seq., the state statutes were preempted, and the court granted the bank's Fed. R. Civ. P. 56 motion. Bank of Am., N.A. v. Sorrell, 248 F. Supp. 2d 1196 (N.D. Ga. 2002).
- O.C.G.A. § 7-1-358 and a related regulation do not allow assessment of service charges only against dormant deposit accounts; thus, charges against dormant checks, money orders, and drafts qualified as "lawful charges" and were properly withheld from the Department of Revenue when funds were remitted under the Unclaimed Property Act, O.C.G.A. Art. 5, Ch. 12, T. 44. First Union Nat'l Bank v. Collins, 221 Ga. App. 442, 471 S.E.2d 892 (1996).
Cited in Bank of Am., N.A. v. Sorrell, 248 F. Supp. 2d 1196 (N.D. Ga. 2002).
- Neither former Code 1933, Title 41A nor Title 109A (see now O.C.G.A. Title 7 nor Title 11) restricted in any way a bank's freedom to decide how the bank will treat any particular collection item, whether it be a check or a credit union share draft. 1977 Op. Att'y Gen. No. 77-2.
Banks not required to process credit union share drafts as cash items, rather than as drafts for collection. 1977 Op. Att'y Gen. No. 77-2.
- Priority as between checks simultaneously presented to drawee bank for payment, 61 A.L.R. 960.
Liability of bank which diverts checks or drafts drawn to its order to a use other than that of the drawer, 82 A.L.R. 1372.
Discharge of drawer or endorser of check by holder's acceptance therefor of something other than money, 87 A.L.R. 442.
Duty and liability of bank in respect of a depositor's check drawn upon and payable to the bank, 138 A.L.R. 853.
Constitutionality, construction, and application of statutes requiring clearance of checks at par, 174 A.L.R. 869.
- Incorporation of Secretary of State corporations generally, § 14-4-21 et seq.
- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1919, p. 135 are included in the annotations for this part.
- Trust company incorporated under provisions of Ga. L. 1919, p. 135 is not a chartered bank, within the meaning of the penal laws of this state relating only to such banks. Dunn v. State, 13 Ga. App. 314, 79 S.E. 170 (1913).
No results found for Georgia Code 7-1-372.