Financial institutions today, Sept. 2007

Inside this issue:

Limitation on the

2

Terms of Consumer

Credit Extended to

Military Service

Members and their

Dependents

DBF Outreach and 3 Upcoming Speaking
Engagements

Child Support Lists 4

2008 State Holidays 4

Action on

5

Applications for the

Month of

September

DBF's Customer

11

Service Stars for the

Month of

September

News and topics of interest to financial institutions regulated by the Department of Banking and Finance

Monthly Bulletin #9

September 2007

Memo to State-chartered Banks On Expanded Examination Cycle for Certain Institutions
Effective February 1, 2007, the Department adopted the extended 18-month on-site examination cycle for institutions meeting certain criteria, after the federal law, Section 605 of the Financial Services Regulatory Relief Act of 2006, was signed. On September 25, 2007, interim rules issued on April 10, 2007 were adopted as final by federal regulators for the revision of the extended 18-month on-site examination cycle program, as well. The program makes eligible for an 18-month examination cycle a state-chartered bank that meets certain expanded criteria.

The Department has published a memo regarding the expanded examination cycle. This memo can be found on our website from the following link: http://dbf.georgia.gov/vgn/images/portal/cit_1210/3/23/93334980Memo_ExaminationFrequency.pdf

The federal bank and thrift agencies issued final rules on Friday expanding the range of small institutions eligible for an extended 18-month on-site examination cycle. The final rules allow well-capitalized and well-managed banks and savings associations with up to $500 million in total assets and a composite CAMELS rating of 1 or 2 to qualify for an 18-month (rather than a 12-month) on-site examination cycle.

Until recently, only institutions with less than $250 million in total assets could qualify for an extended 18-month on-site examination cycle. The final rules also make parallel changes to the agencies' regulations governing the on-site examination cycle for U.S. branches and agencies of foreign banks consistent with the International Banking Act of 1978.

The final rules, which are identical to the proposed interim rules the agencies issued for public comment in April, implement section 605 of the Financial Services Regulatory Relief Act of 2006 and related provisions from the International Banking Act, both of which are already effective. The final rules, issued by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision can be found at: http://www.fdic.gov/news/news/press/2007/pr07079a.html.

"Safeguarding Georgia's Financial Services"

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Limitation on the Terms of Consumer Credit Extended to Military Service Members and their Dependents
The Department of Defense has issued finalized regulations amending 32 CFR to add Part 232 which implements the provisions of Public Law 109-364 "the John Warner Defense Authorization Act for Fiscal Year 2007", section 670, titled "Limitations on Terms of Consumer Credit Extended to Service Members and Dependents." This was codified in federal law as 10 U.S.C. 987.
This federal statute and regulations place certain limitations and requirements on certain types of lending transactions made to Military Service Members and their dependents.
What types of entities are covered by this statute and regulations?
All lenders regardless of type of charter or business structure that lend to military service members and their families are subject to these provisions. This includes, banks, credit unions, finance companies, payday lenders (which are subject to substantial operating restrictions under State Law in Georgia) and any other consumer lender making loans of the type that are subject to the Act.
What types of loans are subject to the provisions of this statute and regulations?
The types of lending are specifically covered by these provisions include three types of lending:
Payday lending (defined as closed-end transaction having a term of 91 days or fewer, where the amount does not exceed $2,000, where the borrower contemporaneously provides a check or other payment instrument that the creditor agrees to hold or permits the creditor to initiate a debit or debits to the borrower's deposit account.) Tax Refund anticipation lending, and Vehicle Title lending (loans of 181 days or fewer secured by the title of an automobile)
What types of loans are specifically excluded from the provisions of the Act and regulations?
Any loans secured by residential real estate, including first and second mortgage lending, home equity lending and other loans secured by residential real estate are specifically excluded, as are loans extended under open-ended credit provisions, such as credit card loans. Loans that are not subject to consumer lending credit disclosures under the Regulation Z (TILA) would not be subject to these provisions.
What is the anticipated impact upon chartered financial institutions?
The Department does not expect there to be any substantial impact upon financial institutions that are not involved in payday lending, tax refund anticipation lending and short-term automobile title lending. The DOD has considered input from financial institutions and regulators in drafting the final regulations and has structured this program in a manner that is most likely to not affect banks and credit unions, so that mainstream financial services can continue to be delivered to

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Limitation on the Terms of Consumer Credit Extended to Military Service Members and their Dependents (continued)
our military service personnel and their families. Financial institutions that avoid lending in these delimited areas should not be significantly impacted. The FFIEC is currently preparing a work schedule to be used in the examination process, for any institutions which may have lending programs in any of the areas covered, to assure they remain compliant. It is anticipated that enforcement will largely involve confirmation that financial institutions are not involved in these types of lending.
Who will be enforcing these provisions?
The DOD has indicated that it does not have the dedicated staffing and resources for enforcement and it is expected that enforcement will have to take place through agreement with federal and state financial service regulatory agencies.
There are currently discussions underway with state regulators regarding the adoption of enforcement agreements with DOD.
Why should financial institutions be concerned about these provisions?
Financial institutions should be concerned primarily because the potential adverse consequences of non-compliance are quite severe, including criminal penalties for non-compliance. Financial Institutions hopefully should be able to avoid these issues by avoiding the types of lending that covered by these provisions, which are more typically engaged in by payday lenders, title lenders and finance companies.
Effective Date: These provisions have an effective date of October 1, 2007
The above is a summary presented for informational purposes only. Financial institution management is urged to review the provisions of these regulations and make sure that either they don't have any lending programs that are potentially subject to these provisions (which is expected to be the case in most instances) or if they do have programs that fall under one of these three types of lending, that they have policies and procedures in place that are being effectively enforced to ensure that they remain in conformity with these provisions. If there are any questions regarding these provisions, please contact Senior Deputy Commissioner George A. Reynolds at (770) 986-1629.
DBF OUTREACH AND UPCOMING SPEAKING ENGAGEMENTS
Commissioner Braswell will be part of a GBA Regulators Panel being held at Callaway Gardens on October 9th. He will also be speaking to the Canton Rotary Club at Cherokee County Chamber of Commerce on October 23rd. District Director Kevin Hagler will be speaking at the CBA's Directors' College at the Brasstown Valley Resort, Young Harris, on October 15th. He will be discussing "New Regulations/Laws & Hot Topics". Deputy Commissioner for Non-Depository Financial Institutions Rod Carnes will be speaking at the Southeastern Mortgage Brokers Conference on October 30th at the Savannah International Trade and Convention Center, Savannah, GA.

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Child Support Lists
The Department has recently researched the issue of child support lists and whether there is an express or implied duty under law for financial institutions to review such lists in relation to their accounts. Relevant code sections under Title 19, specifically Chapter 11 which deals with enforcement of the duty of support, were reviewed.
Our review has concluded that there are no specific code sections which detail a duty to review "child support lists". However, there are certain code sections that financial institutions should take note of:
1. O.C.G.A. 19-11-30.2 details how DHR may request data from financial institutions, specifically name and other identifying information on those who maintain accounts at the financial institutions. The information shall be used for purposes of a bank match registry within DHR for purposes of collection. Such does not place any independent duty of review or disclosure upon the financial institution absent a formal request from DHR.
Subsection (e) of the same code section further limits the above requests to those "whom the Department of Human Resources has a good reason to believe owes child support".
2. O.C.G.A. 19-11-9.1 provides a broad duty to any entity in the state whether they be profit or nonprofit to provide upon request information to DHR regarding a person owing or allegedly owing an obligation of support for a dependent child. Again, this section does not place any independent duty of review upon the entity absent a formal request.

2008 State Holidays

In accordance with O.C.G.A. 1-4-1, Governor Sonny Perdue proclaimed the following dates as public and legal holidays for the year 2008. Financial Institutions may observe both the official observance day as well as alternative observances indicated. In addition to these designated dates, financial institutions may close on Sunday and one discretionary day each week. If the discretionary day observed is changed permanently or temporarily, customer notice must be posted at least 30 days in advance.

Holiday: New Year's Day Robert E. Lee's Birthday Martin Luther King Jr. Day Washington's Birthday Confederate Memorial Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

Observed: Tuesday, January 1 Saturday, January 19 - will be observed on Friday, November 28 Monday, January 21 Monday, February 18 - will be observed on Friday, December 26 Monday, April 28 Monday, May 26 Friday, July 4 Monday, September 1 Monday, October 13 Tuesday, November 11 Thursday, November 27 Thursday, December 25

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Action on Applications for the Month of September:
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 September 2007.

APPLICATIONS FOR NEW FINANCIAL INSTITUTION

FINANCIAL INSTITUTION Resurgens Bank 2700 Clairmont Road Atlanta, GA 30329 DeKalb County

CAPITALIZATION $ 12,250,000

APPROVAL Pending

BEGIN BUSINESS

Independence Bank of Georgia Highway 211 and Thompson Mill Road Braselton, GA 30517 Barrow County

$ 18,000,000

Pending

Metro Bank 7475 Douglas Boulevard Douglasville, GA 30135 Douglas County

$ 20,000,000

09-18-2007

NOA Bank 3805 Buford Highway Duluth, GA 30096 Gwinnett County

$ 15,000,000

Pending

Milltown Banking Company 305 East Main Street Lakeland, GA 31635 Lanier County

$ 10,000,000

Pending

Regional Bank of Middle Georgia 3966 Pio Nono Avenue Macon, GA 31206 Bibb County

$ 8,000,000

Pending

First Milton Bank 13920 Cumming Highway, Suite 140 Milton, GA 30004 Fulton County

$ 16,250,000

Pending

Landmark Bank of Savannah 2 East Bryan Street Savannah, GA 31401 Chatham County

$ 20,000,000

Withdrawn 09-07-2007

Verity Bank 94 West Athens Street Winder, GA 30680 Barrow County

$ 15,700,000

Pending

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PREVIOUS NAME Emory Federal Credit Union
Lockheed Georgia Employees Federal Credit Union

FINANCIAL INSTITUTION CONVERSIONS

CONVERTED TO Emory Alliance Credit Union Decatur DeKalb County

APPROVAL EFFECTIVE 09-11-2007

LGE Community Credit Union Marietta Cobb County

Pending

APPLICATIONS TO ESTABLISH A BRANCH OFFICE

FINANCIAL INSTITUTION SunTrust Bank Atlanta

BRANCH OFFICE Deltona Commons Branch Office 601 Courtland Boulevard Deltona, FL 32738 Volusia County

APPROVAL 06-21-2007

SunTrust Bank Atlanta

Connerton Branch Office 7830 Land O Lakes Boulevard Land O Lakes, FL 34638 Pasco County

Pending

SunTrust Bank Atlanta

Suncoast Crossings Branch Office 16116 State Road 54 Odessa, FL 33556 Pasco County

09-10-2007

SunTrust Bank Atlanta

Cureton Branch Office 8109 Kensington Drive Waxhaw, NC 28173 Union County

09-10-2007

Colony Bank Southeast Broxton

Ogeechee Branch Office 5987 Ogeechee Road Savannah, GA 31419 Chatham County

09-10-2007

The Citizens Bank of Cochran Cochran

Dublin Branch Office 1303 Bellevue Avenue Dublin, GA 31021 Laurens County

05-01-2007

PeoplesSouth Bank Colquitt

Donalsonville Branch Office 305 South Tennille Avenue Donalsonville, GA 39845 Seminole County

06-20-2007

First Choice Community Bank Dallas

West Metro Branch Office 68 First National Drive Dallas, GA 30157 Paulding County

Pending

BEGIN BUSINESS 09-10-2007
09-17-2007 09-17-2007

FINANCIAL INSTITUTION Georgia Heritage Bank Dallas
Central Bank of Georgia Ellaville
Gainesville Bank & Trust Gainesville
First Georgia Community Bank Jackson
McIntosh State Bank Jackson
The Brand Banking Company Lawrenceville
Ameris Bank Moultrie
Ameris Bank Moultrie
Mount Vernon Bank Mount Vernon
Neighborhood Community Bank Newnan
Covenant Bank & Trust Rock Spring

BRANCH OFFICE Cartersville Branch Office 215 Cherokee Place Cartersville, GA 30121 Bartow County
Downtown Macon Branch Office 652 Mulberry Street Macon, GA 31201 Bibb County
Stonebridge Village Branch Office Hog Mountain Road Flowery Branch, GA 30542 Hall County
Griffin Branch Office 361 Wilson Road Griffin, GA 30233 Spalding County
Lake Oconee Branch Office 1028 Founders Row, Suite 101 Greensboro, GA 30642 Greene County
Buford Branch Office 2255 Buford Highway Buford, GA 30518 Gwinnett County
Hilton Head Branch Office Two Park Lane, Suite 200 Hilton Head, SC 29928 Beaufort County
Lane Avenue Branch Office 888 Lane Avenue South Jacksonville, FL 32205 Duval County
First Street Branch Office 2107 First Street E Vidalia, GA 30474 Toombs County
Tyrone Branch Office 105 Carriage Oaks Drive Tyrone, GA 30290 Fayette County
Dalton Branch Office 220 South Hamilton Street Dalton, GA 30720 Whitfield County

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APPROVAL 05-30-2007

BEGIN BUSINESS 09-10-2007

09-17-2007

09-21-2007

09-05-2007

09-04-2007

04-30-2007

09-05-2007

06-15-2007

08-01-2007

09-17-2007

09-14-2007

05-18-2007

09-11-2007

06-27-2007

09-04-2007

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FINANCIAL INSTITUTION River City Bank Rome
First Chatham Bank Savannah
First Chatham Bank Savannah
The Peoples Bank Winder

BRANCH OFFICE Carrollton Branch Office 2115 Maple Street Carrollton, GA 30117 Carroll County
Glynn Isles Branch Office 550 Glynn Isles Brunswick, GA 31525 Glynn County
Richmond Hill Branch Office 9943 Ford Avenue Richmond Hill, GA 31324 Bryan County
Bogart Branch Office 3990 Atlanta Highway Bogart, GA 30622 Clarke County

APPROVAL 09-12-2007

BEGIN BUSINESS

09-28-2007

06-01-2006

09-04-2007

02-15-2007

08-22-2007

PREVIOUS NAME Georgia Telco Credit Union Atlanta

NOTICE OF CHANGE IN NAME
NEW NAME Georgia's Own Credit Union

APPROVAL 09-04-2007

EFFECTIVE 09-06-2007

PROPOSED NAME Georgia's Own Credit Union

APPLICATIONS FOR RESERVATION OF A NAME

COUNTY Fulton County

APPLICANT Mrs. Charlotte S. Ayers President/CEO Georgia Telco Credit Union P. O. Box 105205 Atlanta, GA 30348

FINANCIAL INSTITUTION (SURVIVOR) Bank of North Georgia Alpharetta, GA
Bank of North Georgia Alpharetta, GA
The Buckhead Community Bank Atlanta, GA
Atlantic Southern Bank Macon, GA

FINANCIAL INSTITUTION MERGERS

MERGED INSTITUTION First Nation Bank Covington, GA
Peachtree National Bank Peachtree City, GA
First National Bank of Forsyth County Cumming, GA
CenterState Bank Mid Florida Leesburg, FL

APPROVAL EFFECTIVE 08-15-2007 09-07-2007
08-15-2007 09-07-2007
Pending
Pending

FINANCIAL INSTITUTION
(SURVIVOR) Memorial Health Credit Union Savannah, GA

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MERGED INSTITUTION Health Employees Chatham County Credit Union Savannah, GA

APPROVAL EFFECTIVE Pending

APPLICATIONS TO BECOME A BANK HOLDING COMPANY AND/OR TO ACQUIRE VOTING STOCK OF A FINANCIAL INSTITUTION

BANK HOLDING COMPANY

TO ACQUIRE

APPROVAL

FORMATIONS NorthWest Bancshares, Inc. Acworth, GA

NorthWest Bank & Trust Acworth, GA

Pending

ACQUISITIONS Atlantic Southern Financial Group, Inc. Macon, GA
Security Bank Corporation Macon, GA
Security Bank Corporation Macon, GA

CenterState Bank Mid Florida Leesburg, FL
First Commerce Community Bank Douglasville, GA
Security Bank of the Coast (IO) Brunswick, GA

Pending
Rescinded 09-18-2007 Pending

NOTIFICATION OF APPROVAL OF APPLICATION TO SERVE A RESIDENTIAL GROUP COMMON BOND

CREDIT UNION Delta Community Credit Union Atlanta

RESIDENTIAL GROUP COMMON BOND Cherokee County, GA

APPROVAL 09-04-2007

CHECK CASHER LICENSES ISSUED

CITY Griffin Rome Atlanta Decatur Lincolnton Carrollton Lawrenceville Duluth College Park Marietta St. Marys Kingsland Woodstock Valdosta

APPLICANT NAME Abuzaidieh, Amjad Ace Total Solutions, Inc. E. U. Financial Group, Inc. * Eun, Joong Sook * Fast Times Enterprises, Inc. * JNE Smith Food Store LLC * Kandarappallil Corp. Kosa Enterprise, LLC LBN Enterprises, LLC * Riley Food Mart, Inc. * S P Food Mart Corporation * S P Food Mart Corporation Tierra Chiquita, LLC * Yogi Sales Corporation

TRADE NAME Fast Food Mart Express Tax & Ace Insurers E. U. Financial Group Minit Mart Fast Times Convenience Store Smith Foods St. Thomas Quick Corner LIMS Check Cashing LBN Enterprises Citgo Food Mart S P Food Mart #1 S P Food Mart #3 Mi Tierra La Chiquita Madison Discount Shop

* = Registered Exempt (O.C.G.A. 7-1-709)

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MONEY TRANSMITTER Aaran Financial Services, Inc. Minneapolis, MN Qaran Express US Inc. Minneapolis, MN

MONEY TRANSMITTER LICENSES ISSUED APPROVAL 09-17-2007
09-28-2007

DBF's Customer Service Stars for the Month of September

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It is the Department's goal to provide excellent customer service, meeting and exceeding the expectations of our customers. Along those lines, we would like to recognize the following individuals and/or teams for going above and beyond in serving our customers:
Bill Warnock, Supervisory Examiner and his examination team ( District 2): The Department received comments from a customer stating: "I completed the online exam survey today relative to our recent Safety & Soundness examination, but also wanted to touch base with you directly and express our appreciation for the professional and cooperative manner in which EIC Bill Warnock and his team conducted the exam. The DBF exam team fostered an atmosphere of helpfulness and cooperation throughout the exam process, and time and time again conveyed through their actions that they were here to help ensure that we are running a "safe & sound" institution. We are appreciative of the job the Department does, especially in light of the budget and funding challenges you face. And we are proud to be a "State-chartered bank" operating under your capable and fair supervision."
Melinda Kinard, Director of Mortgage Licensing and Money Service Businesses (NonDepository Financial Institutions Division): The Department received comments from a customer stating: "I just wanted you to know that I have been sending out emails to different states requesting information on mortgage licensing (we are in Florida, but building in Georgia) and Ms. Kinard has been by far the most helpful and timely out of them all. She not only answers my questions but usually the same day. Kudos to Ms. Kinard."

CONGRATULATIONS AND GREAT JOB TO THIS MONTH'S CUSTOMER SERVICE STARS!!

GEORGIA
DEPARTMENT OF BANKING AND FINANCE
2990 Brandywine Road Suite 200
Atlanta, Georgia 30341-5565
Phone: (770) 986-1633 Fax: (770) 986-1654 or 1655 Email: dbfpress@dbf.state.ga.us

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The Department is the state agency that regulates and examines banks, credit unions, and trust companies chartered by the State of Georgia. The Department also has regulatory and/or licensing authority over mortgage brokers, lenders, and processors, money service businesses, international banking organizations, and bank holding companies conducting business in Georgia.
Our Mission is to promote safe, sound, competitive financial services in Georgia through innovative, responsive regulation and supervision.
Our Vision is to be the best financial services industry regulator in the country Progressive. Proactive. Service-Oriented.

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"Safeguarding Georgia's Financial Services"