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Representative Office and Holding Company Registration Forms

October 28, 2013
Registration of Representative Offices:

Banks, bank holding companies, and/or their subsidiaries and agents may establish representative offices anywhere in Georgia to conduct a business other than a banking business.

October 28, 2013
Registration of Trust Production Offices:

A Trust Production Office is a trust sales office of a qualifying individual or corporate fiduciary.  Sales activities shall consist primarily of marketing or soliciting in this state using mail, telephone, or electronic means or in person to act or propose to act as a fiduciary outside this state.  No fiduciary activities may be performed at a trust production office.

October 28, 2013
Registration of Bank Holding Company with Out-of-State Bank Having Offices in Georgia:

All out-of-state bank holding companies who own out-of-state banks with branches in Georgia must register annually on forms prescribed by the Department. This includes holding companies of Federal thrifts also.

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Holding Company Registration49 KB

January 14, 2014

Verification of Lawful Presence within the United States (Financial Institutions):

The Department of Banking and Finance is required to verify the lawful presence of every individual, corporation, partnership, limited liability company or other business entity submitting an application for public benefits as defined by O.C.G.A. § 50-36-1(4).


 


Agent for Service as used in the above Registration forms, is the institution's registered agent, as defined in Title 14 of the Official Code of Georgia Annotated dealing with Corporations, Partnerships, and Associations.

Below are some citations from Georgia law as well as information provided by the Georgia Secretary of State concerning registered agents / agents for service of process.

What is the “registered agent” of a corporation?

The registered agent is the “mailbox” for the corporation.  He or she is the person or entity designated by the corporation to receive any lawsuit or other official communication on its behalf.  The registered agent may or may not be an owner, shareholder or officer of the corporation.  Many corporations use their attorney or a professional corporate service company for this service.  The registered agent’s address must be a street address in Georgia, and the agent must be located at that address.  Please review O.C.G.A. 14-2-501 (profit) or 14-3-501 (nonprofit).  A post office box or “mail drop” may not be used as the registered agent address.

 

14-2-1507. Registered office and registered agent of foreign corporation.

Each foreign corporation authorized to transact business in this state must continuously maintain in this state:  

(1) A registered office that may be the same as any of its places of business; and  

(2) A registered agent, who may be:  

(A) An individual who resides in this state and whose business office is identical with the registered office;  

(B) A domestic corporation or nonprofit domestic corporation whose business office is identical with the registered office; or  

(C) A foreign corporation or foreign nonprofit corporation authorized to transact business in this state whose business office is identical with the registered office.  

 

14-2-1510. Service on foreign corporation.

(a)  The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation.  

(b)  If a foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the chief executive officer, chief financial officer, or secretary of the foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State and shall pay a $10.00 filing fee.  

(c)  Service is perfected under subsection (b) of this Code section at the earliest of:  

(1) The date the foreign corporation receives the mail;  

(2) The date shown on the return receipt, if signed on behalf of the foreign corporation; or  

(3) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.  

(d)  This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.