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Laws and Regulations

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This section of the Department's website provides links to various Georgia Laws and Department Rules and Regulations governing institutions/licensees under the regulatory authority of the Department.

Since establishment of the Department in 1919, additional responsibilities, beyond bank supervision and regulation, have been assigned to the agency in the form of the Georgia Credit Union Act (1925); Trust Company Laws of Georgia (1927); Georgia Sale of Checks Act (1965); The Fiduciary Investment Company Act (1970); International Bank Agency Act (1972); Georgia Business Development Corporation Act (1972); Regulation of Check Cashers (1990); the Georgia Residential Mortgage Act (1993); the Georgia Fair Lending Act (GAFLA) (2002); and the Georgia Merchant Acquirer Limited Purpose Bank Act (2012). 

The Department is participating in the Nationwide Mortgage Licensing System (NMLS) as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (“SAFE”) (H.R. 3221).  Title V requires that each state enact minimum standards regarding the supervision of mortgage entities. Legislation requiring the licensing of Mortgage Loan Originators ("MLO") as required by SAFE was passed by the Georgia Legislature in 2009.  See our webpage with  MLO Resources for more details. 

The Department continues to make changes to the Code to streamline the application process, reduce regulatory burden on regulated entities, and coordinate its procedures with federal requirements.


2013 Proposed and Final Rulemaking:

December 3, 2013

The following Rules of the Department of Banking and Finance were adopted on December 3, 2013. The new Rules are in response to the enactment of the Georgia Merchant Acquirer Limited Purpose Bank Act, O.C.G.A. § 7-9-1 et seq. The Rules were filed with the Secretary of State on December 3, 2013 and, pursuant to O.C.G.A. § 50-13-6, became effective on December 23, 2013.

November 7, 2013

The following Rules of the Department of Banking and Finance were adopted on November 7, 2013. The Rules were filed with the Secretary of State on November 7, 2013 and, pursuant to O.C.G.A. § 50-13-6, became effective on November 29, 2013.

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2013 DBF Final Rulemaking: 11-7-2013203.1 KB

October 31, 2013

Pursuant to the provisions of the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., and by the authority of O.C.G.A. §§ 7-9-3, 7-9-12, and other cited statutes, the Department of Banking and Finance hereby gives notice of its intent to adopt new rules. The new rules are in response to the enactment of the Georgia Merchant Acquirer Limited Purpose Bank Act, O.C.G.A. § 7-9-1 et seq.

October 4, 2013

Pursuant to the provisions of the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., and by the authority of O.C.G.A. §§ 7-1-61, 7-1-688, 7-1-704, 7-1-1012 and other cited statutes, the Department of Banking and Finance hereby gives notice of its intent to adopt new rules.

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2013 DBF Proposed Rulemaking: 10-4-2013219.96 KB

July 31, 2013

Pursuant to the provisions of the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-1 et seq., and by the authority of O.C.G.A. §§ 7-9-3, 7-9-12, and other cited statutes, the Department of Banking and Finance hereby gives notice of its intent to adopt new rules. The new rules are in response to the enactment of the Georgia Merchant Acquirer Limited Purpose Bank Act, O.C.G.A. § 7-9-1 et seq.

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2013 DBF Proposed Rulemaking: 7-31-2013259.46 KB

Other Useful Links (Federal Laws & Regulations):

United States Code (USC)

FDIC Laws, Regulations and Related Acts

NCUA Laws, Regulations, and Legal Opinions

Code of Federal Regulations (CFR)