§ 7-1-1101 — Limitations on doing business; exceptions

(a) A foreign bank may not engage in business in this state except to the extent permitted by this article. (b) Unless subject to an order to cease and desist under Code Section 7-1-1108 , the following activities of a foreign bank shall not be considered engaging in business in this state for purposes of subsection (a) of this Code section and, therefore, such subsection shall not prohibit a foreign bank: (1) From engaging in business at a licensed federal branch or federal agency in this state in accordance with federal law; (2) That does not maintain a branch or agency in this state or conduct business from a location in this state from making unsecured loans in this state or loans secured by liens on real or personal property located in this state or enforcing those loans in this state, to the extent permitted by other law; or (3) Organized under the laws of a territory of the United States the deposits of which are insured by the Federal Deposit Insurance Corporation from establishing and operating an interstate branch in this state in its capacity as a state bank pursuant to Part 20 of Article 2 of this chapter. (c) A foreign bank may engage in business as expressly authorized by the department. (d) For purposes of subsection (a) of this Code section, a foreign bank is not considered to be engaging in business in this state merely because a subsidiary or affiliate engages in business in this state, including business that a depository institution subsidiary or affiliate may lawfully conduct in this state as an agent for the foreign bank, to the extent authorized by the laws of this state.

Legislative History

Added by 2023 Ga. Laws 348,§ 48, eff. 7/1/2023.