As used in this part, the term:
- “Bank” and “bank holding company” shall have the same meaning as in Part 18 of this article. A “banking business” is the business which a bank is authorized to do pursuant to this title. The power to receive deposits or the performance of any transaction directly or through an affiliate or agent relative to a deposit account shall be presumed to constitute a banking business.
- “Deposit production office” means a form of a representative office with the authority to solicit deposits, provide information about deposit products, and assist consumers to complete the application forms to open deposit accounts, provided that such office does not open deposit accounts, take deposits, or conduct any other banking business.
- “Domicile” means the home state as defined in paragraph (12) of Code Section 7-1-621 where a bank is chartered or where a bank holding company is incorporated.
- “Loan production office” is a form of a representative office, where the solicitation of loans or of leases of personal property may occur, but not the closing of loans, the disbursement of loan proceeds, nor any other banking business. It shall be established and registered as a representative office.
- “Representative office” is an office established by a bank, a bank holding company, or an agent or subsidiary of either for the purpose of conducting business activities other than a banking business and includes, but is not limited to, deposit production offices, loan production offices, and trust production offices. It shall not be considered to be a branch office or main office.
- “Trust production office” means a trust sales office of a qualifying individual or corporate fiduciary which office is not performing fiduciary activities. Sales activities shall consist primarily of marketing or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary.
History. Code 1981, § 7-1-590 , enacted by Ga. L. 1995, p. 673, § 23; Ga. L. 1997, p. 485, § 19; Ga. L. 1999, p. 674, § 16; Ga. L. 2018, p. 214, § 11/HB 780; Ga. L. 2022, p. 220, § 11/HB 891.
The 2018 amendment, effective May 3, 2018, inserted “business activities” in the first sentence of paragraph (4). See Editor’s notes for applicability.
The 2022 amendment, effective July 1, 2022, added paragraph (2), redesignated former paragraphs (2) through (5) as paragraphs (3) through (6), inserted “closing of loans, the” in paragraph (4), added “and includes, but is not limited to, deposit production offices, loan production offices, and trust production offices” at the end of the first sentence in paragraph (5), and in paragraph (6), deleted the former second sentence, which read: “The trust institution desiring to establish such an office in this state must apply to the department on forms provided by the department, must be approved by the commissioner to engage in sales activities in this state, and must register and pay any fees required for a representative office under Code Section 7-1-593.”, deleted “outside of this state” from the end of the present second sentence, and deleted the former last sentence, which read: “The department shall be permitted to examine such trust production offices to ascertain whether they are limiting their activities as prescribed.”
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1997, “means” was substituted for “shall mean” in the first sentence in paragraph (5).
Pursuant to Code Section 28-9-5, in 2022, a comma was added following “loan proceeds” in the first sentence of paragraph (4).
Editor’s notes.
Ga. L. 2018, p. 214, § 26(b)/HB 780, not codified by the General Assembly, provides that: “It is not the intent of the General Assembly to affect the law applicable to litigation pending as of March 9, 2018.”