Title 46 — Title 46
0 chapters · 434 sections in this title.
O.C.G.A. § 46-3-381 Procedure for consolidation generally
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(a) Any two or more electric membership corporations may consolidate into a new electric membership corporation pursuant to a plan of consolidation approved in the manner provided in this part. (b) The board of directors of each electric membership corporation participating in th…
O.C.G.A. § 46-3-382 Approval of merger or consolidation plan by members
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(a) The board of directors of each electric membership corporation, upon approving such plan of merger or plan of consolidation, shall by resolution direct that the plan be submitted to a vote at a meeting of members, which may be either an annual or special meeting. (b) Written …
O.C.G.A. § 46-3-384 Effect of merger or consolidation
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(a) If the Secretary of State issues a certificate of merger or certificate of consolidation, the merger or consolidation shall become effective as of the time of delivery to the Secretary of State of the articles of merger or articles of consolidation so certified, as provided i…
O.C.G.A. § 46-3-40 Short title
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Purpose of part. Definitions. Required conditions for commencing work within ten feet of high-voltage line. Utilities protection center; funding of activities; notice of work; delay; responsibility for completing safety requirements. Allocation of expense of precautionary measure…
O.C.G.A. § 46-3-422 Effect of filing of statement of intent to dissolve
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Upon the filing by the Secretary of State of a statement of intent to dissolve, the electric membership corporation shall cease to carry on its business, except insofar as may be necessary or appropriate for the winding up thereof; but its corporate existence shall continue until…
O.C.G.A. § 46-3-423 Procedure after filing statement of intent to dissolve
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(a) The electric membership corporation shall immediately cause notice of its intent to dissolve to be published in a newspaper which is the official organ of the county where the registered office of the electric membership corporation is located or which is a newspaper of gener…
O.C.G.A. § 46-3-425 Procedure for merger generally
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Procedure for consolidation generally. Approval of merger or consolidation plan by members. Contents of articles of merger or articles of consolidation; obtaining of certificate from Secretary of State upon use of new name; procedures involving filing, issuance, rejection, and pu…
O.C.G.A. § 46-3-430 Venue and service of process in action for involuntary dissolution
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Every action for the involuntary dissolution of an electric membership corporation shall be commenced in the name of the state by the Attorney General in the superior court of the county in which the last known registered office or principal office of the electric membership corp…
O.C.G.A. § 46-3-433 Qualification of receivers; giving of bond
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(a) A receiver shall in all cases be a citizen of the United States or a corporation authorized to act as receiver, which corporation may be a domestic corporation, either business or nonprofit, or a foreign corporation, either business or nonprofit, authorized to transact busine…
O.C.G.A. § 46-3-435 Discontinuance of liquidation proceedings
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The liquidation of the assets and business of an electric membership corporation may be discontinued at any time during the liquidation proceedings when it is established that cause for liquidation no longer exists. In such event, the court shall dismiss the proceedings and direc…
O.C.G.A. § 46-3-439 Survival of remedy after dissolution
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The dissolution of an electric membership corporation in any manner, except by a decree of court when the court has supervised the liquidation of the assets and business of the electric membership corporation as provided in this article, shall not take away or impair any remedy a…
O.C.G.A. § 46-3-452 Name of foreign electric cooperative
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(a) No certificate of authority shall be issued to a foreign electric cooperative unless the corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the word ‘‘cooperative,’’ ‘‘corporation,’’ ‘‘company,’’ ‘‘incorporated,’’ or …
O.C.G.A. § 46-3-453 Change of name by foreign electric cooperative
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Whenever a foreign electric cooperative which is authorized to transact business in this state changes its name, such foreign electric cooperative shall, within 30 days after such change becomes effective, file an application for an amended certificate of authority in accordance …
O.C.G.A. § 46-3-456 Effect of certificate of authority
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Upon the issuance of a certificate of authority by the Secretary of State, the foreign electric cooperative shall be authorized to transact business in this state for those purposes set forth in its application. Such authority shall continue so long as the foreign electric cooper…
O.C.G.A. § 46-3-462 Amending of certificate of authority
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(a) A foreign electric cooperative authorized to transact business in this state shall make application to the Secretary of State for an amended certificate of authority within 30 days after it: (1) Changes its corporate name; or (2) Enlarges, limits, or otherwise changes the pur…
O.C.G.A. § 46-3-465 Effect of termination of existence of foreign electric cooperative
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(a) When a foreign electric cooperative authorized to transact business in this state is dissolved or its authority or existence is otherwise terminated or canceled in its jurisdiction of incorporation, or when such foreign electric cooperative is merged into or consolidated with…
O.C.G.A. § 46-3-468 Application for reinstatement of certificate of authority
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(a) A foreign electric cooperative whose certificate of authority has been revoked by the Secretary of State under the conditions prescribed by Code Section 46-3-466 shall be reinstated by the Secretary of State by the issuance of a certificate of reinstatement. The certificate o…
O.C.G.A. § 46-3-469 Transacting business without certificate of authority
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(a) A foreign electric cooperative that is required under this article to obtain a certificate of authority but fails to do so shall be liable to this state for the years or parts thereof during which it transacted business in this state without a certificate of authority, in an …
O.C.G.A. § 46-3-481 Filing of annual reports; correction of reports
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The annual report of an electric membership corporation or foreign electric cooperative shall be delivered to the Secretary of State between January 1 and April 1 of each year, except that the initial annual report of a foreign electric cooperative shall be filed with its applica…
O.C.G.A. § 46-3-50 Short title
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This part shall be known and may be cited as ‘‘The Georgia Cogeneration and Distributed Generation Act of 2001.’’ (Ga. L. 1979, p. 389, § 1; Ga. L. 2001, p. 1149, § 1.) 46-3-51. Legislative determinations and declarations.
O.C.G.A. § 46-3-500 Authority of Secretary of State to charge and collect fees generally
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The Secretary of State shall charge and collect in accordance with this article: (1) Fees for filing documents and issuing certificates; and (2) Miscellaneous charges. (Code 1933, § 34C-1401, enacted by Ga. L. 1981, p. 1587, § 1.) 46-3-501. Fees for filing documents and issuing c…
O.C.G.A. § 46-3-501 Fees for filing documents and issuing certificates
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The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation ................................................. $ 15.00 (2) Filing articles of amendment and issuing a certificate of amendment .................…
O.C.G.A. § 46-3-503 Fees for advertising
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The fee to be allowed to publishers for publishing any notice required under this article shall be $15.00 for each insertion. (Code 1933, § 34C-1404, enacted by Ga. L. 1981, p. 1587, § 1.) Part 16 Provisions Relating to the Secretary of State 46-3-520. Powers of Secretary of Stat…
O.C.G.A. § 46-3-51 Legislative determinations and declarations
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(a) The legislature finds that it is in the public interest to: (1) Encourage private investment in renewable energy resources; (2) Stimulate the economic growth of Georgia; and (3) Enhance the continued diversification of the energy resources used in Georgia. (b) The General Ass…
O.C.G.A. § 46-3-520 Powers of Secretary of State generally
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The Secretary of State shall have such power and authority as is reasonably necessary to enable him to administer this article efficiently and to perform the duties imposed upon him by this article, including, without limitation, the power and authority to employ from time to tim…
O.C.G.A. § 46-3-521 Propounding of interrogatories by Secretary of State
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The Secretary of State may propound to any electric membership corporation or foreign electric cooperative subject to this article, and to any 310 Page: 311 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:54:52 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46…
O.C.G.A. § 46-3-522 Disclosure of facts and information obtained from interrogatories
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Interrogatories propounded by the Secretary of State and the answers thereto shall not be open to public inspection, nor shall the Secretary of State disclose any facts or information obtained therefrom except insofar as his official duty may require the same to be made public or…
O.C.G.A. § 46-3-53 Jurisdiction of commission over cogeneration facilities
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(a) Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not…
O.C.G.A. § 46-3-54 Electric service providers; rates and fees
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An electric service provider: (1) Shall make either bidirectional metering or single directional metering available to customer generators depending on how the distributed generation facility is connected to the distribution system of the electric service provider; (2) Shall ente…
O.C.G.A. § 46-3-55 Measurement and payment of energy flow
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Consistent with the other provisions of this chapter, the energy flow shall be measured and paid for in the following manner: 156 Page: 157 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:53:3 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-3-56 (1) If the d…
O.C.G.A. § 46-3-7 Law reviews
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— For article tracing the history of municipal annexation, and the General Assembly’s role therein, see 2 Ga. L. Rev. 35 (1967). For article discussing the evolution of municipal annexation law in Georgia in light of Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 178 S.E.…
O.C.G.A. § 46-3-8 Exceptions, grandfather rights, and other rights
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(a) Notwithstanding any other provision of this part, but subject to subsections (b) and (c) of this Code section, after March 29, 1973, service to one or more new premises (but if more than one, such premises must be located on the same tract or on contiguous tracts of land), if…
O.C.G.A. § 46-3A-1 Definitions
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As used in this chapter: (1) ‘‘Capacity resource’’ means an electric plant, a long-term power purchase, or a demand-side capacity option. (2) ‘‘Commission’’ means the Georgia Public Service Commission. (3) ‘‘Construction’’ means clearing of land, excavation, or other substantial …
O.C.G.A. § 46-3A-2 Filing and approval of an integrated resource plan
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(a) On or before January 31, 1992, and at least every three years thereafter as may be determined by the commission, each utility shall file with the commission an integrated resource plan as described in this chapter. (b) Not more than 60 days after a utility has filed its plan,…
O.C.G.A. § 46-3A-5 Application for certificate; hearing; decision; contents of certificate; fee
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(a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter. (b) No sooner than 30 days after an application is made for a certificate or an amendment, the commission shal…
O.C.G.A. § 46-3A-8 Recovery of actual cost of certificated long-term power purchase
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The approved or actual cost, whichever is less, of purchase of any certificated long-term power purchase shall be recovered in rates by the utility, along with an additional sum as determined by the commission to encourage such purchases. The commission shall consider lost revenu…
O.C.G.A. § 46-4-100 Applicability of article to entities with gas distribution systems
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The political subdivisions with which the authority shall be authorized to contract to provide a gas supply pursuant to this article shall be those political subdivisions of this state which own and operate a gas distribution system. (Code 1981, § 46-4-100, enacted by Ga. L. 1987…
O.C.G.A. § 46-4-104 Bonds as legal investments
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The bonds authorized by this article shall be securities in which: (1) All public officers and bodies of this state; (2) All political subdivisions of this state; (3) All insurance companies and associations, and other persons carrying on an insurance business; (4) All banks, ban…
O.C.G.A. § 46-4-105 Pledge of revenue to retire bonds
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(a) All or any part of the gross or net revenues and earnings derived from any particular project or system and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular project for which bonds have…
O.C.G.A. § 46-4-106 Trust agreement or indenture to secure bonds
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(a) In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a 365 Page: 366 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:28 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN …
O.C.G.A. § 46-4-107 Proceeds of bonds
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(a) Proceeds of the bonds issued under authority of this article shall be used solely for the purpose of financing corporate purposes of the authority, including the payment of the cost of projects and the loaning of 366 Page: 367 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63…
O.C.G.A. § 46-4-108 Lost, stolen, or mutilated bond certificates
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(a) If any bond becomes mutilated or is lost, stolen, or destroyed, the authority may execute and deliver, and the trustee may authenticate, a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or d…
O.C.G.A. § 46-4-109 Interest on bonds after due date
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Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that tim…
O.C.G.A. § 46-4-110 Cancellation or destruction of retired bonds
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Unless otherwise directed by the authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked ‘‘canceled’’ and shall be delivered by the paying agent making payment thereof to the authority, whereupon the evidence of indebtedne…
O.C.G.A. § 46-4-111 Records of bond and note transactions required
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The fiscal officer of the authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, …
O.C.G.A. § 46-4-112 Paying agents
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The authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust…
O.C.G.A. § 46-4-113 Bond anticipation notes
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(a) The authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in Code Section 46-4-101, to issue from time to time its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from…
O.C.G.A. § 46-4-114 Negotiability of bonds
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Notwithstanding any other law to the contrary, every evidence of indebtedness issued under this article shall have all the rights and incidences of negotiable instruments, subject to provisions for registration. (Code 1981, § 46-4-114, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-1…
O.C.G.A. § 46-4-115 Liability of authority members, political subdivisions, and state
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(a) Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. 369 Page: 370 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:30 0000 420…
O.C.G.A. § 46-4-116 Impairment of contracts
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While any of the bonds or notes issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights …