TITLE 7 BANKING AND FINANCE

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

ARTICLE 7 BUILDING AND LOAN ASSOCIATIONS AND SAVINGS AND LOAN ASSOCIATIONS

7-1-770. Definitions.

As used in this article:

1. An association is "local" if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien or security title on real estate. Any such association may purchase real estate loans or interests in real estate loans which are made and owned by any savings and loan association to the extent authorized by the regulations of the department, provided that such regulations shall not permit the purchase of loans or interests in loans of any type or in any amounts (per individual loan or in the aggregate) which are not permitted by law to be purchased by savings and loan associations with principal offices in this state.
2. An association is "mutual" if all depositors in such association participate in the income of such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to or purchase any shares or be entitled to participate in any way in the income of such association.

(Ga. L. 1937-38, Ex. Sess., p. 307, § 2; Ga. L. 1945, p. 263, § 2; Ga. L. 1965, p. 473, § 1; Code 1933, § 41A-3501, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1981, p. 1366, § 16; Ga. L. 1982, p. 3, § 7; Ga. L. 2016, p. 390, § 7-15/HB 811.)

The 2016 amendment, effective July 1, 2016, deleted the subsection (a) designation and substituted the present provisions for the former provisions, which read: "(1) 'Building and loan association' means a local mutual association existing under the laws of this state on April 1, 1975, or organized under this article without capital stock which:

"(A) Is authorized to receive deposits but shall not have the power to offer third party payment services except in the same manner and subject to the same provisions as are set forth in Code Section 7-1-670 for credit unions;

"(B) Receives the greater portion of its funds from such deposits; and

"(C) Lends the greater portion of its funds on the security of first liens or security titles on homes and on the security of first liens on its own deposits.

"(2) 'Deposit' means any arrangement whereby a withdrawable interest is created in a building and loan association or whereby the building and loan association becomes indebted to a person transferring to it money, commercial paper, or similar items for the payment of money, whether called a 'share,' 'account,' 'certificate,' 'share account,' 'savings account,' 'deposit,' 'savings deposit,' 'deposit account,' or otherwise."; redesignated former subsection (b) as present paragraph (1), and, in paragraph (1), deleted "within the meaning of this article" following "local" near the beginning of the first sentence, and deleted "other associations qualified under the building and loan statutes of their respective states or from" following "made and owned by" near the middle of the second sentence; and redesignated former subsection (c) as present paragraph (2).