TITLE 7
BANKING AND FINANCE
ARTICLE 1
PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY
7-1-7. Publication of notices or advertisements.
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Except as otherwise expressly provided, any notice or advertisement required by this chapter to be published in a newspaper shall be published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 9-13-142) of the county which is or is to be the location of the main office of the financial institution.
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The department may waive or modify any requirement to publish a notice:
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In order to facilitate a merger, consolidation, or sale of assets when one of the parties is a failed or failing bank as determined by the commissioner;
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Whenever it determines that the public benefit is not significantly served by a second or subsequent publication in a situation where a series of transactions would otherwise require multiple publications;
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Where a similar publication required by another state or federal regulator serves substantially the same purpose;
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By regulation or order, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; or
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For other reasons of regulatory parity.
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The department may require proof of publication or modified publication having been completed prior to consummation of the underlying transaction.
(Code 1933, § 41A-108, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1980, p. 972, § 2; Ga. L. 1987, p. 1586, § 1; Ga. L. 1995, p. 673, § 3; Ga. L. 1998, p. 795, § 3; Ga. L. 2000, p. 136, § 7; Ga. L. 2000, p. 174, § 2.)
Code Commission notes.
- The amendment (enactment) of this Code section by Ga. L. 2000, p. 136,
§
7, irreconcilably conflicted with and was treated as superseded by Ga. L. 2000, p.174,
§
2.
See County of Butts v. Strahan, 151 Ga. 417 (1921).
Administrative Rules and Regulations.
- Notification of filing and protest, Official Compilation of Rules and Regulations of State of Georgia, Department of Banking and Finance, Banks, Rule 80-1-1-.04.
RESEARCH REFERENCES
Am. Jur. 2d.
- 18A Am. Jur. 2d, Corporations,
§
977 et seq. 18B Am. Jur. 2d, Corporations,
§
1460.
C.J.S.
- 19 C.J.S., Corporations,
§
802 et seq.