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O.C.G.A. § 7-1-391 — Prohibition of promoters' fees | Georgia Code
O.C.G.A. § 7-1-391 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 7 BANKING AND FINANCE

Section 1. Financial Institutions, 7-1-1 through 7-1-1021.

ARTICLE 2 BANKS AND TRUST COMPANIES

7-1-391. Prohibition of promoters' fees.

  1. A bank or trust company shall not pay any fee, compensation, or commission for promotion in connection with its organization or apply any money received on account of shares or subscriptions, selling shares, or other services in connection with its organization, except legal fees, commissions or fees to disinterested third parties for sale of bank stock to others, and other usual and ordinary expenses necessary for its organization.
  2. A majority of incorporators shall file with the department at the time of filing of the articles an affidavit:
    1. Setting forth all expenses incurred or to be incurred in connection with the organization of the bank or trust company, subscription for its shares, and sale of its shares; and
    2. Stating that no fee, compensation, or commission prohibited by subsection (a) of this Code section has been paid or incurred.
  3. In the event of a violation of this Code section the department may disapprove the articles on account of such violation.

(Code 1933, § 41A-1802, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1999, p. 674, § 7.)

JUDICIAL DECISIONS

Cited in O'Neal v. Home Town Bank, 237 Ga. App. 325, 514 S.E.2d 669 (1999).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Corporations, §§ 102, 103, 146.

C.J.S.

- 18 C.J.S., Corporations, § 145.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.