TITLE 7 BANKING AND FINANCE

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

ARTICLE 6 BUSINESS DEVELOPMENT CORPORATIONS

7-1-747. Applying for membership; loans by members.

1. Any lending institution may request membership in the corporation by making application to the board of directors on such form and in such manner as said board of directors may require, and membership shall become effective upon acceptance of such application by said board.
2. Each member of the corporation shall make member loans to the corporation when called upon by it to do so on such terms and other conditions as shall be approved from time to time by the board of directors, subject to the following conditions:
   1. All loan limits for member loans may, at the option of the board of directors, be established at the $1,000.00 amount nearest the amount computed in accordance with this Code section; and
   2. No member loan to the corporation shall be made if immediately thereafter the total amount of the obligations (whether under member loans or otherwise) of the corporation would exceed 50 times the amount then paid in on the capital of the corporation.
3. The total amount outstanding on member loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation then held by such member, shall not exceed the lesser of:
   1. Twenty percent of the aggregate of the capital of the corporation then outstanding plus the total amount then outstanding on all member loans to the corporation, including in said total amount outstanding amounts validly called as member loans but not yet loaned; or
   2. The following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding or, in the case of an insurance company, its last annual statement to the Commissioner of Insurance:
      1. Five percent of the statutory capital base of a bank or trust company;
      2. One-half of 1 percent of the total outstanding loans made by savings and loan associations;
      3. Two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies;
      4. Two and one-half percent of the unassigned surplus of mutual insurance companies, except fire insurance companies;
      5. One-tenth of 1 percent of the assets of fire insurance companies; and
      6. Such limits as may be approved by the board of directors of the corporation for other lending institutions; or
   3. Three million dollars.
4. Subject to paragraphs (1) and (3) of subsection (c) of this Code section, each call for member loans made by the corporation shall be apportioned among the members of the corporation in such manner that, to the extent feasible, all members shall, after making such member loans, have adjusted loan limits constituting an equal percentage of their respective loan limits. The adjusted loan limit of a member shall be the amount of such member's loan limit, as determined by reference to subsection (c) of this Code section, reduced by the balance of outstanding member loans made by such member to the corporation and the investment in capital of the corporation held by such member at the time of such call.
5. All member loans to the corporation shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely transferable at all times and which shall bear interest at a rate of interest determined by the board of directors to be the prime rate prevailing at the date of issuance thereof on unsecured commercial loans plus one-fourth of 1 percent or less.

(Ga. L. 1972, p. 798, § 7; Code 1933, § 41A-3408, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1975, p. 445, § 39; Ga. L. 1981, p. 965, § 4; Ga. L. 1987, p. 1059, § 1; Ga. L. 1996, p. 732, § 1; Ga. L. 2001, p. 967, § 2; Ga. L. 2016, p. 390, § 7-4/HB 811.)

The 2016 amendment, effective July 1, 2016, deleted "building and loan or" following "loans made by" in subparagraph (c)(2)(B).