FI Dept. of Banking and Finance 2990 Brandywine Road, Suit 200 Atlanta, GA 30341-5564 (770) 986-1633 Phone (770) 986-1655 Fax http://www.gadbf.org David G. Sorrell, Commissioner financial institutionS today news about all dbf regulated entities April 30, 2005 Monthly Bulletin #4 Interagency Interpretative Guidance Issued by FinCEN and Federal Banking Agencies On April 26, 2005, the Financial Crimes Enforcement Network (FinCEN) issued the following items of interest regarding Money Services Businesses (MSBs): Joint News Release from FinCEN and the Federal Banking Agencies on Guidance and Advisory Issued on Banking Services for Money Services Businesses Operating in the United States. FinCEN, along with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, issued today interpretive guidance setting forth the minimum steps that banking organizations should take when providing banking services to money services businesses. In this Issue: o Interagency Interpretative Guidance Issued by FinCEN and Federal Banking Agencies o Department Guidance on Definition of MSBs Federal Registration versus State Licensing/Registration o The Department of Banking and Finance Receives Proclamation from Fulton County expressing their appreciation for the department's efforts toward fair lending FinCEN has issued a concurrent advisory to money services businesses to emphasize their Bank Secrecy Act regulatory obligations and to notify them of the types of information that they will be expected to produce to a banking organization in the course of opening or maintaining account relationships. Statement of William J. Fox, Director, before the United States Senate Committee on Banking, Housing and Urban Affairs, April 26, 2005. These pronouncements can be found on the Department's website at: http://www.gadbf.org/pdfdoc/FinCEN_InteragencyNewsRelease_04262005.pdf Department Guidance on Definition of MSBs Federal Registration versus State Licensing/Registration The Department has made available a document titled "Money Services Businesses: Federal Definitions and State Licensing / Registration Requirements" which is provided as a general guide for determining: (1) if financial institution customers are Money Services Businesses (MSBs) as defined by the Bank Secrecy Act (BSA), and (2) whether or not such businesses must be licensed or registered with the Georgia Department of Banking and Finance. This document can be found on the Department's website at: http://www.gadbf.org/docs/MSBDefinitionsIssues.doc The above referenced document in no way attempts to clarify the Bank Secrecy Act requirements and supervisory expectations as applied to accounts opened or maintained for MSBs. It is not the position of the Department that financial institutions should cease doing business with MSBs due to BSA risk. We do recognize that some MSBs may have a higher risk profile relative to anti-money laundering and BSA concerns and that additional due diligence will be required on such entities to demonstrate that a financial institution has complied with its BSA responsibilities. MSBs must comply with applicable federal and state law. Financial institutions should seek assurances from and verification of such compliance. This may require a financial institution to factor these requirements into the fee structure for such businesses. The Department of Banking and Finance Receives Proclamation from Fulton County The Fulton County Board of Commissioners issued the Department of Banking and Finance (DBF) a Proclamation expressing their appreciation for the department's efforts toward fair housing. Atlanta, GA, April 28, 2005: The Fulton County Board of Commissioners presented DBF with a proclamation honoring and thanking the department for its support in addressing issues of fair lending in the community. The department's activities in addressing issues of fair lending include: a risk based examination program that is focused on determining compliance with consumer protection and fair lending laws outreach to community and consumer groups regarding financial literacy and prevention of financial fraud serving as a resource for handling consumer complaints on mortgage lenders and brokers working administratively and in cooperation with law enforcement to fight mortgage fraud in the State of Georgia If you have any questions regarding whether a particular program appears to be legitimate or if you wish to check on the licensing status of a particular company, please contact the Department at (770) 986-1633. Page 2 of 10 The following is a summary of official action taken on applications by State Financial Institutions under Chapter 7-1 of the Code of Georgia and petitions for Certificate of Incorporation of Financial Institutions and other matters of interest during the month of April 2005. FINANCIAL INSTITUTION Northside Bank 7741 Adairsville Highway Adairsville, GA 30103 Bartow County APPLICATIONS FOR NEW FINANCIAL INSTITUTION CAPITALIZATION APPROVAL DATE $ 10,000,000 04-11-2005 BEGIN BUSINESS DATE Flint Community Bank Corner of Meredyth & Pointe North Albany, GA 31707 Dougherty County $ 9,500,000 Pending Sentry State Bank 245 Perimeter Center Parkway Suite 600 Atlanta, GA 30346 DeKalb County $ 35,000,000 Pending Signature Bank of Georgia 1449 Dunwody Village Parkway Dunwoody, GA 30338 DeKalb County $ 12,000,000 Pending Peach State Bank & Trust 325 Washington Street Gainesville, GA 30501 Hall County $ 12,499,290 01-14-2005 04-27-2005 Covenant Bank & Trust 122 Highway 95 Rock Spring, GA 30739 Walker County $ 7,000,000 Pending Page 3 of 10 FINANCIAL INSTITUTION CONVERSIONS PREVIOUS NAME The Buckhead Community Bank, NA CONVERTED TO The Buckhead Community Bank APPROVAL DATE Pending Atlanta, Fulton County EFFECTIVE DATE APPLICATIONS TO ESTABLISH A BRANCH OFFICE FINANCIAL INSTITUTION SunTrust Bank Atlanta BRANCH OFFICE Englewood Wal-Mart Branch Office 2931 McCall Road Englewood, FL 34224 Charlotte County APPROVAL DATE 03-21-2005 BEGIN BUSINESS DATE 04-06-2005 SunTrust Bank Atlanta Gainesville Branch Office 14100 Whitney Road Gainesville, VA 20155 Prince William County Pending SunTrust Bank Atlanta Ocala 1 Wal-Mart Branch Office 9570 Southwest Highway 20 Ocala, FL 34481 Marion County 03-17-2005 04-25-2005 SunTrust Bank Atlanta Poiniciana Place Wal-Mart Branch Office 904 Cypress Parkway Poiniciana Place, FL 34759 Osceola County 03-17-2005 04-25-2005 SunTrust Bank Atlanta Carillon Branch Office 130 Fountain Parkway, North St. Petersburg, FL 33716 Pinellas County 12-02-2004 04-11-2005 SunTrust Bank Atlanta Wilmington Private Banking Branch Office 2601 Irongate Drive Wilmington, NC 28412 Brunswick County 12-27-2004 04-25-2005 Page 4 of 10 FINANCIAL INSTITUTION Freedom Bank of Georgia Commerce BRANCH OFFICE Jefferson Branch Office 1057 Winder Highway Jefferson, GA 30549 Jackson County Georgia Heritage Bank (IO) Dallas West Cobb Branch Office 3622 Dallas Highway Marietta, GA 30064 Cobb County Signature Bank of Georgia (IO) Dunwoody Sandy Springs Branch Office 227 Sandy Springs Place Atlanta, GA 30328 Fulton County Southern Community Bank Fayetteville Sullivan Road Branch Office 2245 East Highway 34 Newnan, GA 30265 Coweta County Capital Bank Fort Oglethorpe Chickamauga Branch Office #13 Highway 813 Chickamauga, GA 30707 Walker County The Heritage Bank Hinesville Pembroke Branch Office Highway 119 & West Railroad Street Pembroke, GA 31321 Bryan County Crescent Bank and Trust Company East Woodstock Branch Office Jasper 190 Village Centre East Woodstock, GA 30188 Cherokee County APPROVAL DATE 12-27-2004 BEGIN BUSINESS DATE 04-18-2005 Pending Pending 08-30-2004 04-01-2005 04-15-2005 04-20-2005 04-22-2005 Page 5 of 10 FINANCIAL INSTITUTION New Southern Bank Macon BRANCH OFFICE Houston Lake Branch Office 464 South Houston Lake Road Warner Robins, GA 31088-6306 Houston County Sea Island Bank Statesboro Paulsen Street Branch Office 4905 Paulsen Street Savannah, GA 31406 Chatham County Community Bank of West Georgia Kennesaw Branch Office Villa Rica 1200 Ernest Barrett Parkway Kennesaw, GA 30144 Cobb County APPROVAL DATE 11-19-2004 BEGIN BUSINESS DATE 04-07-2005 04-28-2005 04-22-2005 FINANCIAL INSTITUTION SunTrust Bank Atlanta SunTrust Bank Atlanta APPLICATIONS TO CHANGE LOCATION CHANGE LOCATION OF Westgate Plaza Branch Office From: 2860 Airline Boulevard Portsmouth VA 23701 To: Victory Crossing Branch Office 4016 Victory Boulevard Portsmouth VA 23701 Peachtree Center Branch Office From: 225 Peachtree Street, NE Atlanta GA 30303 Fulton County To: 241 Peachtree Street, NE Atlanta GA 30303 Fulton County APPROVAL EFFECTIVE DATE DATE 04-11-2005 03-18-2005 04-15-2005 Page 6 of 10 FINANCIAL INSTITUTION Crescent Bank and Trust Company Jasper CHANGE LOCATION OF Canton Branch Office From: 170 Riverstone Parkway Canton GA 30114 Cherokee County To: 145 Reinhardt College Parkway Canton GA 30114 Cherokee County APPROVAL EFFECTIVE DATE DATE 04-22-2005 Crescent Bank and Trust Company Jasper Cumming Branch Office From: 442 Canton Road Cumming GA 30040 Forsyth County To: 500 Canton Road Cumming GA 30040 Forsyth County 04-22-2005 Northeast Georgia Bank Lavonia Braselton Branch Office From: 5196 Highway 53 Braselton GA 30517 Jackson County To: 5045 Highway 53 Braselton GA 30517 Jackson County 04-07-2005 Georgian Bank Powder Springs Corporate Lakes Office Parkway Branch Office From: 1255 Lakes Parkway Lawrenceville GA 30043 Gwinnett County To: Gwinnett Branch Office 2055 North Brown Road Lawrenceville GA 30043 Gwinnett County 04-06-2005 Page 7 of 10 PROPOSED NAME Bank of Valdosta APPLICATIONS FOR RESERVATION OF A NAME COUNTY Lowndes County APPLICANT Ms. Anne Winters Capitol Bancorp Limited 200 North Washington Square Lansing, MI 48933 Metro City Bank DeKalb County Mr. John B. Kline, Principal Mauldin & Jenkins, LLC Post Office Box 724888 Atlanta, GA 31139-1888 Woodstock Bank and Trust Cherokee County Mr. Brent H. Baker, President Brent Baker, Inc. 6020 Rose Hill Court Cumming, GA 30041 FINANCIAL INSTITUTION (SURVIVOR) Atlanta Postal Credit Union Atlanta, GA FINANCIAL INSTITUTION MERGERS MERGED INSTITUTION IBEW Local 613 Credit Union Atlanta, GA SunTrust Bank Atlanta, GA National Bank of Commerce Memphis, TN SunTrust Bank Atlanta, GA SunTrust BankCard, National Association Orlando, FL Habersham Bank Clarkesville, GA Liberty Bank & Trust Toccoa, GA Peoples Community Bank Colquitt, GA Peoples Community Bank Columbia, AL Peoples Community Bank Colquitt, GA PCB, The Community Bank Malone, FL Crescent Bank and Trust Company Jasper, GA Futurus Bank, N. A. Alpharetta, GA APPROVAL DATE 03-07-2005 EFFECTIVE DATE 04-01-2005 01-24-2005 04-22-2005 01-24-2005 04-22-2005 Pending 02-28-2005 04-13-2005 02-28-2005 04-13-2005 03-10-2005 04-01-2005 Page 8 of 10 PREVIOUS NAME Peoples Community Bank Colquitt PCB, The Community Bank Colquitt SouthBank Woodstock NOTICE OF CHANGE IN NAME NEW NAME PCB, The Community Bank PeoplesSouth Bank Security Bank of North Metro APPROVAL DATE 02-28-2005 EFFECTIVE DATE 04-13-2005 04-07-2005 04-13-2005 Pending APPLICATIONS TO BECOME A BANK HOLDING COMPANY AND/OR TO ACQUIRE VOTING STOCK OF A FINANCIAL INSTITUTION BANK HOLDING COMPANY TO ACQUIRE APPROVAL DATE FORMATIONS Hometown Community Bancshares, Inc. Braselton, GA Hometown Community Bank (IO) Braselton, GA Pending American Southern BanCorp, Inc. Roswell, GA American Southern Bank (IO) Roswell, GA Pending ACQUISITIONS CompuCredit Corporation Atlanta, GA Sentry State Bank (IO) Atlanta, GA Pending Omni Financial Services, Inc. Atlanta, GA Georgia Community Bank Dalton, GA Pending Habersham Bancorp Cornelia, GA Liberty Bank & Trust Toccoa, GA Pending Security Bank Corporation Macon, GA SouthBank Woodstock, GA 04-20-2005 First Horizon National Corporation Memphis, TN First National Bank West Metro Dallas, GA Pending Page 9 of 10 CITY Gainesville Buford Athens Dalton Chamblee Winder Loganville Locust Grove Ellenwood Doraville Decatur College Park Ellenwood CHECK CASHER LICENSES ISSUED APPLICANT NAME Chaudhry & Sons, Inc. TRADE NAME Texaco Food Mart El Exito Checks Cashed, Inc. El Exito Checks Cashed Espinoza, Samuel A. Los Amigos * KGMD, Inc. Number 2 Meghna Express, Inc. Tobacco Outlet #2 Meghna Express Money, Mail Etc., Inc. Money, Mail Etc. * N.K Enterprise, Inc. * Narayan Swaroop Corporation Noor Group, Inc. Mini Food Mart Locust Grove Exxon Amoco Food Mart OK Investment, Inc. OK Check Cashing * Pak, Ki Ho Platinum Check Cashers, Inc. Eddie's Package Platinum Check Cashers Sohani Enterprises, Inc. Forest Parkway Texaco * =Registered Exempt (O.C.G.A. 7-1-709) MONEY TRANSMITTER LICENSES ISSUED MONEY TRANSMITTER APPROVAL DATE Bancomercio de El Salvador, Inc. 04-08-2005 Falls Church, VA Choice Money Transfer, Inc. New York, NY 04-20-2005 Gambia People's Enterprise/A.G.I.B. LLC Powder Springs, GA 04-27-2005 MiCash, Inc. Washington, DC 04-08-2005 Page 10 of 10