Georgia Commons

Official Code of Georgia Annotated

Title 7. BANKING AND FINANCE · Chapter 1. FINANCIAL INSTITUTIONS · Article 2. BANKS AND TRUST COMPANIES · Part 4. POWERS OF TRUST COMPANIES

7-1-310. Powers to act as fiduciary and in other representative capacities; authority to exercise trust powers.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A trust company may act, alone or with others, as:#

    1. (1)

      Fiduciary;#

    2. (2)

      Investment advisor;#

    3. (3)

      Custodian of property;#

    4. (4)

      Agent or attorney in fact;#

    5. (5)

      Registrar or transfer agent of securities;#

    6. (6)

      Fiscal agent of the United States, a state or a public body thereof, a corporation, or a person; and#

    7. (7)

      Treasurer of a public body or of a nonprofit corporation.#

  2. (b)

    A trust company shall have, in respect to any capacity in which it may act pursuant to a power under subsection (a) of this Code section, all the rights and duties which a person has in such capacity under applicable laws and under the terms upon which the trust company is designated to act in such capacity.#

  3. (c)

    Every bank and credit union operating pursuant to this chapter shall possess all of the rights, privileges, powers, and responsibilities herein conferred upon trust companies; provided, however, that no such bank or credit union shall exercise such powers and privileges without the prior written approval of the department after a careful consideration of the factors enumerated in Code Section 7-1-394, relating to the chartering of trust companies. Any bank exercising or partially exercising trust powers prior to February 27, 1976, authorized by its articles may continue to exercise or partially to exercise those powers to the extent approved by the department without the necessity of obtaining a new approval.#

  4. (d)

    Notwithstanding any other provisions of this chapter to the contrary, any bank, credit union, or trust company which does not exercise trust powers as provided in this chapter, whether or not such powers have been incorporated into its articles, may, with the consent of the department, contract with any bank, credit union, or trust company exercising trust powers to provide for the latter bank, credit union, or trust company to offer trust services through the branches and offices of the former bank, credit union, or trust company.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1898, p. 78, § 3; Civil Code 1910, § 2817; Ga. L. 1917, p. 56, § 1; Ga. L. 1919, p. 135, art. 2, § 2; Ga. L. 1920, p. 76, § 1; Code 1933, § 109-201; Code 1933, § 41A-1401, enacted by Ga. L. 1974, p. 705, § 1; Ga. L. 1976, p. 274, § 1; Ga. L. 1981, p. 1366, § 9; Ga. L. 1982, p. 3, § 7; Ga. L. 1989, p. 1257, § 4; Ga. L. 2016, p. 390, § 7-4/HB 811; Ga. L. 2023, p. 651, § 5/HB 55, effective July 1, 2023.

Amendments

The 2023 amendment, effective July 1, 2023, added subsection (d).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t7-t8-(v5)-2024-pdf.pdf, Volume V5, 2024 edition, pages 188 to 189; merge action: carried; file SHA-256 5c69f28428d8.

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