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The authority the State of Georgia claims in this respect could have no restriction

The authority the State of Georgia claims in this respect could have no restriction

If Georgia can determine that financing at charter-state rates of interest are forbidden in which the in-state agent has got the predominant financial curiosity about the loan-generated income — that “any loan” into the federal statute does not always mean all loans at all— it can decide that lending is prohibited where the in-state agent has an interest in one-fourth of the loan-generated proceeds, or in one-tenth of them, or where the in-state agent has any interest in them. Any in-state agent of an out-of-state bank is the de facto lender, not the bank under the majority’s “quite narrow” view of the preemptive force of В§ 27(a), Georgia could simply declare that, under its own definition of the federal statutory terms. Almost all embraces that position. 7

None for this is always to state that Georgia may well not fairly regulate in-state agents of out-of-state banking institutions, way too long since it do the like exactly the same terms so it regulates agents of in-state banking institutions. For instance, if Georgia would like to forbid banking institutions from utilizing agents who have been convicted of felonies, absolutely absolutely absolutely nothing in В§ 27(a) would avoid it from doing this. But that prohibition would need to feel interest-rate basic, which will be to state that Georgia’s legislation of agents is almost certainly not keyed to a bank’s exercise of their В§ 27(a) interest-rate authority.

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