Title 7, Chapter 1, Section 621
As used in this part, the term:
(1) "Acquire," as applied to a bank holding company, means any of
the following actions or transactions:
(A) The merger or consolidation with another bank holding
(B) The acquisition of the direct or indirect ownership or
control of voting shares of another bank holding company or bank
if, after such acquisition, such bank holding company will
directly or indirectly own or control more than 5 percent of any
class of voting shares of such bank holding company or bank;
(C) The direct or indirect acquisition of all or substantially
all of the assets of another bank holding company or bank; or
(D) The taking of any other action that would result in the
direct or indirect control of another bank holding company or
"Acquire" shall also include a transaction where a bank subsidiary
of a bank holding company merges or consolidates with, or acquires
all or substantially all of the assets of, another bank.
(2) "Bank" means any insured institution as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h) or any institution eligible to become such, provided that the term "bank" shall not include any "foreign bank" (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978). The term "bank" as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 and shall include federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured under a federal deposit insurance program.
(3) "Bank holding company" means any company which is a bank holding company under either Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a).
(4) "Bank supervisory agency" means:
(A) The Office of Comptroller of Currency, the Federal Deposit
Insurance Corporation, the Board of Governors of the Federal
Reserve System, the Office of Thrift Supervision, and any
successor to those agencies; and
(B) The agency of a state with primary responsibility for
chartering and supervising banks.
(5) "Banking office" or "banking location" means a main office or
a branch office as such terms are defined in this chapter or any
other office at which a bank accepts deposits.
(6) "Commissioner" means the commissioner of banking and finance
then in office and, where appropriate, all of his or her
successors and predecessors in office.
(7) "Control" means that which is set forth either in Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a).
(8) "Deposits" means, with respect to a bank, all demand, time,
and savings deposits of individuals, partnerships, corporations,
the United States government, and states and political
subdivisions in the United States. Determinations of deposits
shall be made by reference to regulatory reports of condition or
similar reports filed by such bank with state or federal
(9) "Georgia bank" means a bank whose home state is Georgia.
(10) "Georgia bank holding company" means a bank holding company
(A) Has its principal place of business in the State of Georgia;
(B) Is not controlled by a bank holding company other than a
Georgia bank holding company.
(11) "Georgia state bank" means a bank chartered under the laws of
the State of Georgia.
(12) "Home state" means any state in the United States:
(A) With respect to a state bank, the state by which the bank is
(B) With respect to a national bank, the state in which the main
office of the bank is located; or
(C) With respect to a foreign bank, the state determined to be
the home state of the foreign bank under 12 U.S.C. Section
3101(c) of the International Banking Act.
(13) "Home state regulator" means, with respect to an out-of-state
state bank, the bank supervisory agency of the state in which such
bank is chartered.
(14) "Host state" means a state, other than the home state of a
bank, in which the bank maintains or seeks to establish and
maintain a branch.
(15) "Insured depository institution" shall have the same meaning
as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the
Federal Deposit Insurance Act.
(16) "Interstate merger transaction" means:
(A) The merger or consolidation of banks with different home
states and the conversion of branches of any bank involved in
the merger or consolidation into branches of the resulting bank;
(B) The purchase of all or substantially all of the assets of a
bank whose home state is different from the home state of the
(17) "Out-of-state bank" means a bank whose home state is not
Georgia, but the term does not include a foreign bank.
(18) "Out-of-state bank holding company" means a bank holding
company other than a Georgia bank holding company.
(19) "Out-of-state state bank" means a bank chartered under the
laws of a state other than Georgia.
(20) "Principal place of business" of a bank holding company means
the state of charter in which the aggregate deposits of the bank
subsidiaries of such bank holding company are largest.
(21) "Resulting bank" means a bank that has resulted from an
interstate merger transaction under Part 20 of this article.
(22) "State" means any state of the United States, including the
District of Columbia.
(23) "Subsidiary" means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841.