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Committee advances Department of Banking and Finance annual housekeeping bill

2228602 · February 5, 2025
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Summary

A legislative committee advanced LC 620021, the Department of Banking and Finance's annual housekeeping bill, after brief discussion about updates to foreign bank rules and merchant-acquirer limited-purpose bank authority. The bill was passed by voice vote.

A legislative committee advanced the Department of Banking and Finance's annual housekeeping bill, LC 620021, after members discussed updates to the state's foreign bank rules and the authority that governs merchant-acquirer limited-purpose banks.

The bill, described in the meeting as an annual "housekeeping" measure, consolidates minor code updates and clarifications across multiple regulated industries, including bank holding companies, credit unions, mortgage lenders and brokers, money transmitters and check cashers. Committee discussion focused on recent technical changes to the foreign bank provisions and on clarifications to the merchant-acquirer limited-purpose bank (MALPB) framework.

Beau Fears, an attorney involved in drafting the measure, told the committee the revisions "tighten those changes up" in the foreign bank space and streamline several procedures. He said one change removes a prior application requirement for branch relocations and replaces it with a notice filing, and other edits address name changes and typographical cleanup.

Fears also described updates tied to the MALPB law enacted previously. He said the department added language to make explicit its ability to place certain MALPB entities into receivership, a change made after state regulators observed a gap in the earlier statutory text.

Committee members asked for context on recent chartering and failure activity. A department representative said no bank failures occurred in Georgia in the past year and that the state has seen five de novo bank charters since the end of the Great Recession. The representative described the typical capitalization for recent new banks as "around, say, about $20,000,000." The representative also noted two recent conversations about potential new de novo banks, one of which appeared more serious.

Members cited wider market trends when discussing mergers, acquisitions and fintech entry. Committee discussion included a reference to a company named Fiserv, which obtained a charter and, per the presentation, processed "over $1,800,000,000,000" in transactions; presenters said a subsidiary of that chartered entity is expected to begin processing transactions in the second quarter of the year discussed.

After questions, a member moved to advance the bill and a second was recorded. The committee approved the measure by voice vote; no recorded roll-call tally was provided during the meeting transcript.

The bill sponsor and department staff told the committee industry stakeholders including the Georgia Bankers Association, Community Bankers Association, Georgia Credit Union Affiliates, Mortgage Bankers Association of Georgia and Georgia Financial Services Association reviewed the bill and did not oppose it during drafting.

Committee members and staff said the bill is intended to keep the state's banking code current and to reduce duplicate requirements where possible. The committee advanced LC 620021 to the next legislative stage without recorded opposition during the meeting.