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2018 Georgia Code 7-1-609 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 7-1-609 Case Law from Google Scholar Amendments to OCGA 7-1-609

TITLE 7 BANKING AND FINANCE

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

ARTICLE 2 BANKS AND TRUST COMPANIES

7-1-609. Civil actions by department to enforce part.

The department may bring an appropriate civil action to enforce any provision of this part, whether by injunction or otherwise, in any superior court of this state having jurisdiction of one or more of the defendants.

(Code 1933, § 13-208, enacted by Ga. L. 1960, p. 67, § 7; Ga. L. 1970, p. 954, § 6.)

JUDICIAL DECISIONS

Construction of word "may" in section.

- Rule for construction of word "may" in a statute is, that when such statute concerns public interest, or affects rights of third persons, the word "may," shall be construed to mean "must" or "shall." Independent Bankers Ass'n v. Dunn, 230 Ga. 345, 197 S.E.2d 129 (1973).

Commissioner may proceed against state or national banks.

- It is clear that the superintendent (now commissioner) is authorized to bring an action to enjoin a state bank for violation of the state's branching laws and the superintendent is likewise authorized to proceed against national banks for violation of Georgia's laws. Jackson v. First Nat'l Bank, 349 F.2d 71 (5th Cir. 1965).

RESEARCH REFERENCES

C.J.S.

- 9 C.J.S., Banks and Banking, §§ 145, 155.

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