In 1973, experts Homer Kripke and John J. Slain published a
seminal study titled The Interface Between Securities Regulation and
Bankruptcy—Allocating the Risk of Illegal Securities Issuance
between Securityholders and the Issuer’s Creditors. That lengthy
analysis, contributed by, respectively, a former Securities and
Exchange Commission official and a
Part I of this Note provides background on the FDCPA and the federal agencies charged with its enforcement. Part I also provides background on judicial analysis of the FDCPA before Henson v. Santander and explains the nature of the Supreme Court’s decision. Part II analyzes the ramifications of Henson
The "Act amends the 'Georgia Fair Lending Act' by revising certain definitions including 'annual percentage rate,' 'creditor,' 'home loan,' and 'points and fees.' The Act changes the limitations on late payment charges, clarifies when a home loan refinancing transaction
The Act requires that additional information be provided by creditors to banks and other financial institutions on certain affidavits and summonses when creditors attempt to garnish funds form a debtor's account. The Act immunizes banks and other financial institutions from liability if the fail to pay money from
The Act amends many provisions in the Code regarding the regulation of lending institutions. The Act specifies qualifications and service level for certain personnel of the Department of Banking and Finance. The Act changes provisions relating to various fees which the Department of Banking and Finance may charge. The Act
The Act eases restrictions on interstate branch banking in Georgia in two phases over the next two years. Specifically, the Act amends and rewrites the former Georgia banking law, which heretofore restricted the establishment of branch banks in particular counties to very limited circumstances. The Act allows a bank to
The Act amends the entirety of those provisions of the Code regarding commercial paper, namely negotiable instruments and bank deposits and collections. The Act largely adopts Uniform Commercial Code Articles 3 and 4. The purpose of the Act is to keep regulations current with technology and business practices and to
The Act amends many provisions in the Code regarding the regulation of financial institutions. The Act clarifies Georgia banking law as it applies to local representative offices of out-of-state banks. The Act defines certain terms and changes the restrictions imposed upon the Commissioner of Banking and Finance Department examiners in
Ending Georgia's participation in the Southeast Regional Banking Compact, the Act allows Georgia banks and bank holding companies to expand into any state that allows interstate banking and allows banks and bank holding companies from such states to expand into Georgia. The Act may be preempted, however, by
