---
title: O.C.G.A. § 7-1-317. Minimum amount of capital.
collection: code
id: 7-1-317
cite_as: O.C.G.A. § 7-1-317 (2025)
canonical_url: https://georgiacommons.org/code/7-1-317
md_url: https://georgiacommons.org/code/7-1-317.md
text_url: https://georgiacommons.org/code/7-1-317/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t7-t8-(v5)-2024-pdf.pdf?sfvrsn=6386add7_0#page=194
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: BANKING AND FINANCE / FINANCIAL INSTITUTIONS / BANKS AND TRUST COMPANIES / POWERS OF TRUST COMPANIES
---

# O.C.G.A. § 7-1-317. Minimum amount of capital.

(a) The department may require, based on safety and soundness, that a trust company maintain a minimum amount of capital, provided that such amount shall in no event be less than $3 million. The department may alter the amount of capital required to be maintained by a trust company from time to time as may be necessary for the safe and sound operation of such trust company.

(b) The department may consider the following in establishing the minimum amount of capital:

(1) The nature and type of business to be conducted;

(2) The nature and liquidity of assets to be held;

(3) The amount of fiduciary assets to be under management of the trust company;

(4) The type of fiduciary assets to be held and the depository for such assets;

(5) The complexity of fiduciary duties and degree of discretion to be undertaken;

(6) The competence and experience of management;

(7) The extent and adequacy of internal controls;

(8) The presence or absence of annual unqualified audits by an independent certified public accountant;

(9) The reasonableness of business plans for retaining or acquiring additional equity capital;

(10) The existence and adequacy of insurance to protect the clients, beneficiaries, and grantors of the trust company;

(11) Any history of operating losses;

(12) Any history of loss in relation to fiduciary or custodial accounts; and

(13) The amount of support from the trust company’s parent or affiliate.

## History

Code 1981, § 7-1-317, enacted by Ga. L. 2017, p. 193, § 8/HB 143.

## Administrative Rules and Regulations

Minimum Capital Requirements for Trust Companies, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Banking and Finance, Trust Companies, Rule 80-13-1-.02 et seq.