Restrictions on de novo branches

(a) As used in this Code section, the term “de novo branch” means a branch of a bank which: (1) Is originally established by the bank as a branch; and (2) Does not become a branch of the bank as a result of the 332 7-1-628.8 FINANCIAL INSTITUTIONS 7-1-628.10 acquisition of another bank or of a branch of another bank or as the result of the merger, consolidation, or conversion of any such bank or branch. (b) An out-of-state bank that does not have a branch in Georgia and whose deposits are federally insured may, upon obtaining the necessary approvals from its home state regulator, establish and maintain a de novo branch in this state to the extent that any Georgia bank could establish such a de novo branch. (c) A Georgia state bank may establish and maintain a de novo branch in another state. Such Georgia state bank shall comply with the provisions of this article, including, but not limited to, obtaining approval from the department prior to establishing the branch. History. Code 1981, § 7-1-628.8, enacted by Ga. L. 1996, p. 279, § 2; Ga. L. 1997, p. 485, § 24; Ga. L. 2002, p. 670, § 4; Ga. L. 2016, p. 390, § 2-25/HB 811; Ga. L. 2021, p. 323, § 25/HB 111; Ga. L. 2024, p. 1052, § 1(a)(18)/SB 448, effective July 1, 2024. Amendments. The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “As used in this Code section, the term ‘de novo branch’” for “A ‘de novo branch’” in the beginning of subsection (a). 7-1-628.9. Establishment of out-of-state bank branches through acquisition. (a) An out-of-state bank that does not have a branch in Georgia and whose deposits are federally insured may, upon obtaining the necessary approvals from its home state regulator, establish and maintain a branch in this state through the acquisition of a branch. (b) A Georgia state bank may establish and maintain a branch in another state through the acquisition of a branch in compliance with the provisions of this article, including, but not limited to, obtaining approval from the department prior to acquiring the branch. History. Code 1981, § 7-1-628.9, enacted by Ga. L. 1996, p. 279, § 2; Ga. L. 2016, p. 390, § 2-26/HB 811; Ga. L. 2021, p. 323, § 26/HB 111. 7-1-628.10. Enforcement actions by commissioner.