Title 46 — Title 46

— For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, ‘‘Misdemeanor Sentencing in Georgia,’’ see 7 Ga. St. B.J. 8 (2001). For note discussing First Amendment problems in application…

(a)(1) As used in this Code section, the term ‘‘ADAD equipment’’ means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messag…

(a) As used in this Code section, the term: (1) ‘‘ADAD equipment’’ means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded mess…

(a) As used in this Code section, the term ‘‘telefacsimile’’ shall refer to any process by which electronic signals are transmitted by any telephone system for conversion into written text. (b) It shall be unlawful for any person to initiate the transmission of, employ or direct …

(a) Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. A telecommunications u…

The commission shall have power, after a hearing, either to issue the certificate of public convenience and necessity as prayed for, to refuse to issue the same, or to issue it for the construction, operation, or acquisition of only a portion of the contemplated line, plant, or s…

Local exchanges 495 and 567 shall be included in the current 404 area code on or before July 1, 1996, and removed from the 706 area code; provided, however, that if a geographic area of the 404 area code is designated as a different area code and such geographic area is contiguou…

This part may be cited as the ‘‘Rural Telephone Cooperative Act.’’ (Ga. L. 1950, p. 192, § 1.) 46-5-61. Declaration of purpose.

Cooperative nonprofit corporations may be organized under this part for the purpose of furnishing telephone service in rural areas to the widest practicable number of users of such service. (Ga. L. 1950, p. 192, § 2.)

As used in this part, the term: (1) ‘‘Cooperative’’ means any corporation organized under this part or which becomes subject to this part. (2) ‘‘Person’’ means any natural person, firm, association, corporation, business trust, or partnership. (3) ‘‘Rural area’’ means any area wi…

A cooperative shall have power: (1) To sue and be sued in its corporate name; (2) To have an initial existence for a term of 50 years with right of renewal for one or more like terms unless a shorter term is stated in the articles of incorporation; (3) To adopt a corporate seal a…

(a) The name of the cooperative shall include the words ‘‘Telephone’’ and ‘‘Cooperative,’’ and the abbreviation ‘‘Inc.’’ unless: (1) In an affidavit made by its president and vice-president and filed with the clerk of the superior court of the county in which the principal office…

Five or more persons, including cooperatives, may organize a cooperative in the manner provided in this part. (Ga. L. 1950, p. 192, § 7.) 46-5-67. Contents of articles of incorporation; signing and acknowledgment; recitation of purpose and powers; statements regarding issuance of…

Declaration of purpose. Definitions. Powers of cooperatives generally. Power of superior court to create cooperatives, to approve amendments to their articles of incorporation, conversion, consolidation, merger, or dissolution. Names of cooperatives. Incorporators. Contents of ar…

The applicants shall file the application, including the articles of incorporation and the order of the judge thereon, in the office of the clerk of the superior court of the county in which the principal office of the cooperative is to be located, and shall concurrently therewit…

The applicants shall submit to the clerk, along with the articles of incorporation, an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation in the county where the principal office of the cooperative is to be located, which affidavi…

The Secretary of State shall thereupon attach to one of the certified copies of the articles of incorporation with order of the judge thereon, 473 Page: 474 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:48 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46…

The corporate existence of the cooperative shall begin at the time of the filing of the articles of incorporation, with the judge’s order thereon, with the clerk of the superior court, but the cooperative shall not be licensed to transact any business until it shall have received…

The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion, merger, or consolidation. Thereafter, the members shall adopt, amend, or repeal the bylaws by the affirmative vote of …

(a) An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws. 475 Page: 476 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:50 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-80 PUBLIC UTI…

Any person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If any such person attends such meeting, such attendance shall constitute a waiver of notice of such meeting, unless such person participates therein solely to object …

(a) The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative which is a member thereof. The bylaws shall prescribe the number of directors, their qualifications, other th…

The officers of a cooperative shall consist of a president, vice-president, secretary, and treasurer, who shall be elected annually by and from the board of directors. When a person holding any such office ceases to be a director, he shall cease to hold such office. The offices o…

(a) A cooperative may amend its articles of incorporation by complying with the requirements of this Code section, provided that a change of location of principal office may be effected in the manner set forth in Code Section 46-5-86. (b) The proposed amendment shall be presented…

A cooperative may, upon authorization of its members or board of directors, change the location of its principal office by compliance with the requirements of this Code section. An application for approval of such change shall be presented to and approved by the superior court of…

Any two or more cooperatives (each of which is designated in this Code section as a ‘‘consolidating cooperative’’) may consolidate into a new cooperative (designated in this Code section as the ‘‘new cooperative’’) by complying with the following requirements: (1) The proposition…

Any one or more cooperatives (each of which is designated in this Code section as a ‘‘merging cooperative’’) may merge into another cooperative (designated in this Code section as the ‘‘surviving cooperative’’) by complying with the following requirements: (1) The proposition for…

(a) In the case of a consolidation, the existence of the consolidating cooperatives shall cease, and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the separate existence of the merging cooperativ…

(a) A cooperative which has not commenced business may be dissolved by presenting to the superior court of the county where its principal office is located, or to the judge of the superior court in vacation, articles of dissolution which shall be executed and acknowledged on beha…

No member or shareholder shall be liable or responsible for any debts of the cooperative; and the property of the members and shareholders shall not be subject to execution therefor. (Ga. L. 1950, p. 192, § 35.) 46-5-95. Effect of recordation of mortgage, deed of trust, or other …

Construction of telephone lines and facilities by a cooperative shall, as a minimum requirement, comply with the standards of the National Electrical Code in effect at the time of such construction and shall be in such manner and according to such specifications as will avoid int…

All rights of action accruing against any cooperative or any foreign corporation doing business in this state pursuant to this part, which rights of action grow out of the acquisition of rights of way or easements or the occupying of lands of others by the cooperative or foreign …