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2018 Georgia Code 7-1-439 | Car Wreck Lawyer

TITLE 7 BANKING AND FINANCE

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

ARTICLE 2 BANKS AND TRUST COMPANIES

7-1-439. Books and records.

  1. Each bank and trust company shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its shareholders, board of directors, and committees of directors; and each bank and trust company shall keep at its registered office or main office or at the office of its transfer agent or registrar a record of its shareholders, giving the names and addresses of all shareholders and the number, class, and series, if any, of the shares held by each.
  2. The department may, by regulation, prescribe the minimum disclosure of corporate records and reports which must be made by the bank or trust company to its shareholders at each annual meeting. In issuing such regulations, the department shall consider the legitimate rights of a shareholder to sufficient information to evaluate the management and use of his investment and to elect qualified directors for the bank or trust company as well as the rights of customers of the bank or trust company to maintain the confidentiality of their business affairs.
  3. Nothing in this Code section shall impair the power of any court of competent jurisdiction, upon proof by a shareholder of proper purpose, irrespective of the period of time during which such shareholder shall have been a shareholder of record and irrespective of the number of shares held by him, to compel the production or examination by such shareholder of the books and records of account, minutes, and record of shareholders of a bank or trust company.

(Ga. L. 1919, p. 135, art. 19, § 4; Code 1933, § 13-2004; Code 1933, § 41A-2010, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1975, p. 445, § 26; Ga. L. 1998, p. 795, § 20; Ga. L. 2004, p. 631, § 7.)

JUDICIAL DECISIONS

"Proper purpose" to compel production of records not shown.

- Minority shareholders did not show the requisite "proper purpose" to compel production of corporate books and records since the shareholders, who sought to place one of their number on the board of directors, failed to show that the shareholders could not achieve the shareholders' purported purposes through resort to the records that had been previously furnished to the shareholders. Stewart v. Bank of Lumber City, 193 Ga. App. 188, 387 S.E.2d 366 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, §§ 314 et seq., 321.

C.J.S.

- 18 C.J.S., Corporations, §§ 150 et seq. 19 C.J.S., Corporations, § 683.

ALR.

- Admissibility of computerized private business records, 7 A.L.R.4th 8.

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