FIT
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
August 31, 2005
Monthly Bulletin #8
In this Issue:
LIMITED EMERGENCY DECLARATION o Limited Emergency
Declaration
Under the provisions of Code Section 7-1-111 of the Financial Institutions Code of
o Credit Union Policy Statements Regarding
Georgia, the Department has determined that a state of emergency exists throughout Criteria and Issues
Georgia with regard to those displaced by Hurricane Katrina who are temporarily Related to Residential
residing in this state.
Group Common Bonds and Nonmember Deposits
Accordingly, under the provisions of Code Section 7-1-111, the Department hereby
in Credit Unions o Community Reinvestment
declares a financial emergency regarding this situation and under the further authority Act (CRA) Joint Final
of Code Section 7-1-112, with regard to the payments of financial institutions, Rules
declares the following:
o Opportunities and Risks Facing Community
State-chartered financial institutions are encouraged to provide assistance to
Lenders that Support International Trade
depositors and members of other financial institutions who were located within the o Free Webinar on Email
affected areas of Louisiana, Mississippi, and Alabama.
Security
o Guidance on Implementing
State-chartered credit unions may provide services to those persons who are members of another credit union, including check cashing, access to ATM networks, or other paying or receiving services to meet short-term emergency needs where those persons were displaced by Hurricane Katrina. Check cashing and ATM
a Fraud Hotline o FDIC Provides Shoppers
Guide o FDIC Updated IT Exams
services may be provided to affected nonmembers in order that they may access the payment system.
The Department encourages the waiver of fees that exceed the cost of providing such services. Prudent and compliant procedures for verification of identity of any displaced person should be followed.
This declaration shall remain in effect until such time as terminated by the Governor or the Commissioner of the Department of Banking and Finance, or on October 2, 2005, whichever occurs first. This declaration may be
renewed depending upon conditions in October. This declaration is consistent with the interest of the public, financial institutions, and its depositors.
Financial institutions should consult the joint issuance by regulators on this subject at: http://www.fdic.gov/news/news/press/2005/pr8505.html. Questions about these procedures may be directed to Wayne Orr at (770) 986-1637.
This 2nd day of September 2005 By: David G. Sorrell Commissioner Department of Banking and Finance
Credit Union Policy Statements Regarding Criteria and Issues Related to Residential Group Common Bonds and Nonmember Deposits in Credit Unions
The Department of Banking and Finance has revised a Policy Statement regarding the Criteria and Issues Related to Residential Group Common Bonds to reflect recent changes that have occurred in the Laws and Rules related to Residential Group Common Bonds. This criteria continues to focus on meeting the definition of a neighborhood, community, or rural district in accordance with OCGA 7-1-630(b) and demonstrating the credit union meets the safety and soundness criteria to serve the residential group common bond that is being requested. The full policy statement is provided at http://www.gadbf.org/publications.html.
Additionally, the Department has developed a documentary checklist to assure that any application received for a residential group common bond complies with the requirements of the statutory rule and policy statement requirements for a residential group common bond. This is included in the revised credit union application manual which is available at http://www.gadbf.org/publications.html.
The Department also has recently developed a Policy Statement on Nonmember Deposits in Credit Unions. This Policy statement was developed in response to certain comments received by the Department regarding recently issued Rules which become effective September 5, 2005. As reflected by the Policy Statement, non-member deposit taking for state chartered credit unions is significantly limited under Georgia law. The Policy Statement also reflects that any such non-member deposits are subject to NCUA Rules which provide certain requirements regarding signage, acceptance of deposits, disclosures at the time of account opening, and subsequent disclosures on marketing or account information. It has been the observation of the Department that such non-member deposit taking by credit unions has been extremely limited in the State of Georgia. The full text of the Policy Statement is available at http://www.gadbf.org/publications.html.
If there are any questions regarding these Policy Statements or the checklist, please forward these to Deputy Commissioner for Supervision Grace Lurry.
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COMMUNITY REINVESTMENT ACT JOINT FINAL RULES
The FDIC, Federal Reserve Board, and the Office of the Comptroller of the Currency have published joint final rules regarding the Community Reinvestment Act (CRA). The rules, which became effective September 1, 2005, provide regulatory relief for smaller community banks and preserve the importance of community development in the CRA evaluations of these banks. For further information, go to http://www.fdic.gov/news/news/financial/2005/fil7905.html.
OPPORTUNITIES AND RISKS FACING COMMUNITY LENDERS THAT SUPPORT
INTERNATIONAL TRADE
There are tremendous opportunities for community banks in small business trade activities. One of the main complaints among small businesses is the difficulties in helping buyers find financing for their purchases. As such, the growth in worldwide trade may provide innovative community banks an opportunity to generate additional loan demand and increase fee income. Some of the services that community banks are beginning to offer include issuing international letters of credit, providing trade-financing loans, facilitating or executing foreign currency transactions and wire transfers, and providing direct operating funds through traditional commercial loans. There are several ways that community banks can obtain the expertise needed to succeed in global trade. This article discusses opportunities as well as risks facing community lenders in supporting small and mid-sized enterprises (SMEs) engaged in international trade. To read more, go to http://www.fdic.gov/bank/analytical/regional/ro20052q/na/2005summer_04.html.
FIGHTING FRAUD
Free Webinar on E-mail Security September 14th at 3:00 p.m.
Security breaches of confidential data are making the news every day - and that just covers the major leaks. Ensuring the privacy of confidential data is critical in this fast-paced electronic era. On September 14, at 3 p.m., the Conference of State Bank Supervisors will co-sponsor a free, one-hour Web-based seminar on minimizing security risk in electronic communications dealing with confidential information.
This informative roundtable discussion led by Gartner Research will bring together a panel of financial and security professionals who will cover the issues surrounding data and email protection and discuss how e-mail encryption solutions can help.
Page 3 of 14
Eric Ouellet, networking and information security analyst for Gartner, Inc., will moderate the discussion. Panelists include Mary Beth Puccinelli, Vice President, Regulatory Affairs, Conference of State Bank Supervisors; Doug Johnson, Senior Policy Analyst, Government Regulations, American Bankers Association; Gary Farrar, Executive Vice President and Chief Information Officer, Town North Bank, Dallas; and Edward Smith, Director of the ZixResearch Center, Zix Corporation.
The Webinar is free, but pre-registration is requested. To enroll, go to http://www.zixcorp.com/newsroom/webseminar_gartner.php
Guidance on Implementing a Fraud Hotline
The FDIC is providing guidance to financial institutions on implementing a fraud hotline to
minimize potential and actual fraud risks as part of a bank's governance and enterprise risk
management program. The FDIC encourages financial institutions to consider the benefits of
implementing a fraud hotline as a confidential communication channel to identify fraud and
reduce fraud-related losses. The Association of Certified Fraud Examiners in its "2004 Report
to the Nation" stated that organizations without mechanisms to report fraud suffered financial
losses that were more than twice as high as organizations with anonymous fraud-reporting
mechanisms. Awareness of the fraud hotline by employees, customers, contractors, service providers, suppliers,
and other third parties is an important component in ensuring a hotline's effectiveness. The hotline's hours of
operation should be extensive to ensure availability and should be staffed by experienced interviewers who can ask
pertinent follow-up questions to determine whether an investigation should be initiated. Other recommendations
included independence from bank management, confidentiality for callers, a tracking system for complaints, and
investigation
reports
for
the
audit
committee.
Read
more
at
http://www.fdic.gov/news/news/financial/2005/fil8005a.html.
PROVIDES SHOPPER'S GUIDE
The FDIC provides consumers with a shopper's guide for finding bank products and services in the summer 2005 issue of FDIC Consumer News. The guide includes tips and information on: comparison shopping and questions to ask before signing up for a mortgage, home equity loan products, a credit card, a checking account, or a certificate of deposit; how and why to make sure credit records are accurate and in the best possible shape; and how to determine if a free computer or some other attractive gift for opening a new bank account really is the best deal. The newsletter also covers fraud prevention, credit card minimum payments, and use of medial information in credit decisions. Read more at http://www.fdic.gov/news/news/press/2005/pr7805.html.
UPDATED IT EXAMS
The FDIC has updated its risk-focused information technology (IT) examination procedures. The new procedures are in response to the agency's new Information Technology Risk Management program announced in June. The new procedures focus on the financial institution's information security program and risk-management practices and results in a single IT "composite" rating, to be included in the consolidated Risk Management Report of
Examination. Read more at http://www.fdic.gov/news/news/financial/2005/fil8105.html.
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NAR and the Center for Responsible Lending Offers Mortgage Brochure
A publication to educate consumers about abusive and risky lending practices was published recently by the National Association on Realtors and the Center for Responsible Lending. The brochure -- "Shopping for a Mortgage? Do Your Homework First" -- is part of a new consumer education campaign by NAR. The brochure helps consumers understand conventional loans, such as fixed-rate and adjustable-rate mortgages, and more exotic loan programs, including interest-only mortgages, 40-year, fixed-rate mortgages, negative amortization mortgages, and option payment adjustable-rate mortgages. "We're warning homebuyers to approach these new mortgages carefully," said Mike Calhoun, general counsel of the Center for Responsible Lending. According to a study by The Joint Center for Housing Studies of Harvard University, about 25 percent of the loans in 2004 were financed with an interest-only mortgage. Three years ago, these mortgages comprised only a few percentage points of the total mortgage market. Read more http://www.realtor.org/PublicAffairsWeb.nsf/Pages/NAR/CRLBrochure?OpenDocument. To access the brochure, go to http://www.realtor.org/HousOpp.nsf/files/specialty.pdf/$FILE/specialty.pdf.
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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 August 2005.
APPLICATIONS FOR NEW FINANCIAL INSTITUTION
FINANCIAL INSTITUTION
Flint Community Bank
CAPITALIZATION
$ 9,500,000
APPROVAL DATE
08-17-2005
BEGIN BUSINESS DATE
112 North Westover Boulevard
Albany, GA 31707
Dougherty County
Providence Bank 4955 Windward Parkway Alpharetta, GA 30004 Fulton County
$ 14,000,000
Pending
Sentry State Bank 245 Perimeter Center Parkway, Suite 600 Atlanta, GA 30346 DeKalb County
$ 35,000,000
Pending
Hometown Community Bank 6700 Highway 53 Braselton, GA 30517 Jackson County
$ 10,300,000
02-21-2005
08-01-2005
Southern Bank & Trust 160 Louise Street Clarkesville, GA 30523 Habersham County
$ 9,500,000
08-29-2005
Eastside Commercial Bank 895 Iris Drive Conyers, GA 30094 Rockdale County
$ 12,000,000
08-05-2005
Jefferson State Bank 108 Canton Road Cumming, GA 30040 Forsyth County
$ 11,000,000
Pending
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Metro City Bank 5441 Buford Highway Doraville, GA 30340 DeKalb County
Century Security Bank 5955 State Bridge Road Duluth, GA 30097 Fulton County
Bank of Ellijay 134 Industrial Boulevard Ellijay, GA 30540 Gilmer County
American Southern Bank 1450 Mansell Road Roswell, GA 30076 Fulton County
Bank of Valdosta 301 Woodrow Wilson Drive Valdosta, GA 31602 Lowndes County
$ 12,000,000
Pending
$ 11,000,000
08-03-2005
$ 10,000,000
Pending
$ 11,000,000
03-29-2005
08-30-2005
$ 6,000,000
Pending
APPLICATIONS TO ESTABLISH A BRANCH OFFICE
FINANCIAL INSTITUTION
Northside Bank (IO)
BRANCH OFFICE
Cartersville Branch Office
APPROVAL BEGIN BUSINESS
DATE
DATE
Pending
Adairsville
325 Cherokee Place
Cartersville, GA 30121
Bartow County
Bank of North Georgia Alpharetta
Roswell Branch Office 10446 Alpharetta Highway Roswell, GA 30075 Fulton County
02-20-2004
08-15-2005
SunTrust Bank Atlanta
Arlington Kroger In-Store Branch Office US Highway 70 & Airline Road Arlington, TN 38002 Shelby County
08-22-2005
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SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
State Road 70 Sam's Club In-Store Branch Office 5300 30th Street East Bradenton, FL 34230 Manatee County
Barclay Branch Office 3236 Barclay Avenue Brooksville, FL 33601 Hernando County
Celebration Water Tower Branch Office 74 Blake Boulevard Celebration, FL 34747 Osceola County
Pan Am Safeway In-Store Branch Office 3043 Nutley Street Fairfax, VA 22031 Fairfax County
Fort Walton Wal-Mart Branch Office 748 Beal Parkway, NW Fort Walton Beach, FL 32547 Okaloosa County
Mack Hatcher Kroger In-Store Branch Office 3054 Columbia Avenue Franklin, TN 37064 Williamson County
Poplar & Johnson Branch Office 9407 West Poplar Avenue Germantown, TN 38138 Shelby County
Gulf to Lakes Wal-Mart Branch Office 2461 Gulf to Lakes Highway Inverness, FL 34450 Citrus County
Lantana Branch Office 523 Ridge Road Lantana, FL 33462 Palm Beach County
Pending 07-07-2005
Pending 02-21-2005 08-08-2005 08-22-2005 08-22-2005 08-08-2005 05-23-2005
Page 8 of 14
08-31-2005 03-31-2005
08-08-2005
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
SunTrust Bank Atlanta
Colony Bank Southeast Broxton
First Madison Bank & Trust Colbert
Marianna Wal-Mart Branch Office 2255 Highway 71 Marianna, FL 32448 Jackson County
The Strand at Naples Wal-Mart Branch Office 5420 Cormorant Avenue Naples, FL 34109 Collier County
Osprey Wal-Mart Branch Office 163 South Tamiami Trail Osprey, FL 34229 Sarasota County
Palm Bay Wal-Mart Branch Office 1040 Malabar Road, SE Palm Bay, FL 32907 Brevard County
Mirasol Branch Office 6289 PGA Boulevard Palm Beach Gardens, FL 33418 Palm Beach County
Creighton Road Wal-Mart Branch Office 2650 Creighton Road Pensacola, FL 32504 Escambia County
Savannah at Weston Branch Office 2575 Glades Circle Weston, FL 33327 Broward County
Colony Bank Landmark Branch Office 6600 Abercorn Street, Suite 109 Savannah, GA 31404 Chatham County
Athens Branch Office 780 US Highway 29 North Athens, GA 30601 Clarke County
08-08-2005 07-25-2005
Pending 07-25-2005
Pending 08-08-2005
Pending 08-26-2005 08-26-2005
08-24-2005 08-24-2005
Page 9 of 14
Columbus Bank and Trust Company Columbus
First Nation Bank Covington
Bank of Ellijay (IO) Ellijay
Southern Community Bank Fayetteville
1st Georgia Banking Company Franklin
1st Georgia Banking Company Franklin
1st Georgia Banking Company Franklin
1st Georgia Banking Company Franklin
River Road Branch Office 7001 River Road Columbus, GA 31904 Muscogee County
Sigman Road Branch Office 433 Sigman Road Conyers, GA 30012 Rockdale County
Canton Branch Office Riverstone Parkway and I-575 Canton, GA 30114 Cherokee County
Highway 54 West Branch Office State Highway 54 West Fayetteville, GA 30214 Fayette County
Columbus Branch Office 7320 Veterans Parkway Columbus, GA 31904 Muscogee County
Homer Highway Branch Office 1989 Historic Homer Highway Commerce, GA 30529 Jackson County
Dalton Branch Office 1394 Dug Gap Road Dalton, GA 30720 Whitfield County
Jefferson Branch Office Northeast corner of US Highway 129 & Old Swimming Pool Road Jefferson, GA 30549 Jackson County
05-11-2005
08-02-2005
08-18-2005
Pending
08-25-2005
08-22-2005
08-22-2005
Pending
Pending
Page 10 of 14
The Heritage Bank Hinesville
The Heritage Bank Hinesville
Farmers and Merchants Bank Lakeland
Southern Horizon Bank Leary
Georgia State Bank Mableton
American Trust Bank Roswell
Sea Island Bank Statesboro
Sea Island Bank Statesboro
Darien Branch Office 1142 North Way Darien, GA 31305 McIntosh County
Pembroke Branch Office 16 Railroad Street East Pembroke, GA 31321 Bryan County
South Patterson Branch Office 1201 South Patterson Valdosta, GA 31601 Lowndes County
Stockbridge Branch Office 280 Country Club Drive Stockbridge, GA 30281 Henry County
Rockmart Branch Office 1201 Nathan Dean Parkway Rockmart, GA 30153 Polk County
Cumming Branch Office 601 Tri-County Plaza Cumming, GA 30040 Forsyth County
President Street Branch Office NE Corner of President Street and Drayton Street Savannah, GA 31406 Chatham County
Wilmington Island Branch Office 319 Johnny Mercer Boulevard Wilmington Island, GA 31410 Chatham County
08-02-2005
04-20-2005
08-29-2005
08-26-2005
08-29-2005
08-01-2005
08-10-2005
08-15-2005
08-15-2005
Page 11 of 14
FINANCIAL INSTITUTION MERGERS
FINANCIAL INSTITUTION (SURVIVOR)
MERGED INSTITUTION
CMAR Credit Union Marietta, GA
Dixsea Federal Credit Union Atlanta, GA
APPROVAL EFFECTIVE
DATE
DATE
06-27-2005
07-31-2005
APPLICATIONS TO CHANGE LOCATION
FINANCIAL INSTITUTION
Habersham Bank
CHANGE LOCATION OF APPROVAL DATE EFFECTIVE DATE
Big A Road Branch Office
08-26-2005
Clarkesville
From: 1150 Big A Road
Toccoa GA 30577
Stephens County
To: 3886 Big A Road
Toccoa GA 30577
Stephens County
Oconee State Bank Watkinsville
Butler's Crossing Branch From: 8821 Macon Hwy.
Athens GA Oconee County To: 2000 Experiment Station Watkinsville GA 30677 Oconee County
08-10-2005
PROPOSED NAME
AFB&T
APPLICATIONS FOR RESERVATION OF A NAME
COUNTY
Clarke County
APPLICANT
Mr. John A. Fowler, SVP Athens First Bank & Trust Company
Post Office Box 1747
Athens, GA 30603
Delta Community Credit Union
Fulton County
Mr. Rick Foley, President/CEO Delta Employees Credit Union 1025 Virginia Avenue, Dept 930 Atlanta, GA 30354
HavenTrust Bank
DeKalb County
Mr. Ed Briscoe, EVP/CFO Horizon Bank 6340 Sugarloaf Parkway, Suite 100 Duluth, GA 30097
Page 12 of 14
Midtown Bank Patriot Bank of Georgia River City Bank Woodstock Bank & Trust
Fulton County Forsyth County Floyd County Cherokee County
Ms. Kelly G. Yeadon, Paralegal Powell Goldstein LLP 1201 West Peachtree Street Atlanta, GA 30309
Mr. John B. Kline, President Kline & Associates Post Office Box 418 Decatur, GA 30031
Mr. John B. Kline, President Kline & Associates Post Office Box 418 Decatur, GA 30031
Mr. Brent H. Baker, President Brent Baker, Inc. 6020 Rose Hill Court Cumming, GA 30041
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 Northside Bancshares, Inc. Adairsville, GA
Northside Bank (IO) Adairsville, GA
Pending
Atlanta Bancorporation, Inc. Alpharetta, GA
Bank of Atlanta (FSB) Alpharetta, GA
Pending
CCB Financial Corporation Jonesboro, GA
Community Capital Bank Jonesboro, GA
Pending
ACQUISITIONS CompuCredit Corporation Atlanta, GA
Sentry State Bank (IO) Atlanta, GA
Pending
ABC Bancorp Moultrie, GA
First National Banc, Inc. St. Marys, GA
Pending
Page 13 of 14
CITY
Macon
*
Newnan
Americus
*
Macon
Winder
Sugar Hill
Atlanta
*
Lithia Springs
Winder
*
Augusta
*
Carrollton
Rome
*
Columbus
Hazlehurst
*
Canton
Stone Mountain
Athens
*
Baxley
*
Gainesville
Harlem
*
Newnan
Macon
*
Jefferson
Ellaville
LaGrange
Fort Valley
*
* =Exempt (O.C.G.A. 7-1-709)
CHECK CASHER LICENSES ISSUED
APPLICANT NAME
Akshar Group, Inc. Attics Self Storage of Newnan, Inc. Bhawani Krupa, Inc. Bradberry, Jimmy L. C. Store Management, Inc. Dos Amigos Check Cashing & Grocery, Inc. Enterprise 2850, LLC First Class Mart, LLC Golden Bottle Shop, Inc. Han, Kwi Suk Hernandez, Ilsa Krupa of Rome, Inc. Love's Jewelers & Pawn, Inc. Mata, Inc. McFarland Foods, Inc. Parikh, Kanaiyalal R. Parra, Kristina Reeya & Damini Food Mart, Inc. Reyes, Inc. Shri Shiv Shakti, Inc. Smart Financial of Georgia, Inc. Standard Motor Enterprises, Inc. Tabo's C. Store, Inc. Veatch Foods, Inc. Yarbrough's Finance Corporation Young, Marshall
TRADE NAME
Topline Spirits Attics Self Storage Shop Rite Pride Package Store Shell Food Mart Dos Amigos Check Cashing Busy Bee Thornton Road Food Mart Golden Bottle Shop Sam's IGA Supermarket Latino Express Chuck's Corner Love's Jewelers & Pawn 221 Quick Stop McFarland's IGA Mail Fax Shipping Liberty Services Hungry Lion Reyes Harlem Mini Food The Money Banc Topline Tabo's Food Mart IGA Supermarket Yarbrough's Title Pawn Young Super Foods
MONEY TRANSMITTER LICENSES ISSUED
MONEY TRANSMITTER
APPROVAL DATE
Western Club, LLC East Point, GA
08-18-2005
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