TITLE 7 BANKING AND FINANCE

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

ARTICLE 1 PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY

7-1-61. Rules and regulations.

1. The department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is expressly authorized to make rules and regulations, consistent with this chapter, relating to organization, operations, and powers of financial institutions to:
   1. Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or
   2. Protect financial institutions jeopardized or challenged by new economic or technological conditions or by significant changes in the legal environment.
2. In the exercise of the discretion permitted by this Code section, the commissioner shall consider:
   1. The ability of financial institutions to exercise any additional powers in a safe and sound manner;
   2. The authority of any federally chartered bank, as the term "bank" is defined in Code Section 7-1-621, operating pursuant to federal law, regulation, or authoritative pronouncement;
   3. The powers of other entities providing financial services in this state; and
   4. Any specific limitations on financial institution operations or powers contained in this chapter.
3. Rules and regulations promulgated by the department may provide for controls, registration, or restrictions reasonably necessary to:
   1. Prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393;
   2. Prevent deceptive or misleading business practices by financial services providers which may occur by way of alternate delivery systems for the provision of financial products and services such as the Internet or other telecommunication capabilities; or
   3. Prevent or control unfair or deceptive business practices which would operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate.
4. All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time.

(Code 1933, § 41A-302, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1989, p. 1249, § 1; Ga. L. 1995, p. 673, § 6; Ga. L. 1997, p. 485, § 5; Ga. L. 2000, p. 174, § 3; Ga. L. 2005, p. 826, § 4/SB 82; Ga. L. 2015, p. 344, § 3/HB 184.)

The 2015 amendment, effective July 1, 2015, deleted former subsection (e), which read: "(e) To provide parity with other federally insured financial institutions, the commissioner may, by specific order directed to an individual financial institution or category of financial institutions, modify or amend the following qualifying or limiting requirements imposed on financial institutions by this chapter:

"(1) Collateral requirements and limits on the amount of obligations owing to it from any one person or corporation;

"(2) Loan to value or other limitations in lending;

"(3) Limitations on the amount of investments in stock or other capital securities of a corporation or other entity;

"(4) Limitations on the amount of bank acceptances to be issued; and

"(5) If Georgia law has been determined to be federally preempted, other limitations or restrictions on financial institutions contained in this chapter.

"No such order will be issued unless the commissioner determines that such activity will not present undue safety and soundness risks to the financial institution or institutions involved. In making such a determination, the commissioner shall consider the financial condition and regulatory safety and soundness ratings of the institution or institutions affected and the ability of management to administer and supervise the activity. Any such order pursuant to this subsection will be available for public review."