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Georgia Statutes, Title 14

Georgia/Statutes

← All Georgia coverage

Title 14

10 chapters · 848 sections in this title.

All chapters in Title 14848 Ch 2, BUSINESS CORPORATIONS259 Ch 3, NONPROFIT CORPORATIONS196 Ch 11, LIMITED LIABILITY COMPANIES104 Ch 9, REVISED UNIFORM LIMITED PARTNERSHIP ACT72 Ch 8, PARTNERSHIPS70 Ch 9A, LIMITED PARTNERSHIPS51 Ch 4, SECRETARY OF STATE CORPORATIONS46 Ch 5, MISCELLANEOUS PROVISIONS RELATING TO…26 Ch 10, PROFESSIONAL ASSOCIATIONS17 Ch 7, PROFESSIONAL CORPORATIONS7

848 sections·Filtered byTitle 14✕

O.C.G.A. § 14-3-1042 Article 9 members not entitled to vote
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Amendment where vote of members required. Voting by classes of members. Reserved Authority to amend articles to operate as for profit corporation. Procedure for amendment. Applicability of Business Corporation Code. Article 10 Article 11 Amendment of Articles of Incorporation and…
O.C.G.A. § 14-3-129 Filing of documents
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Valid period for annual registration. Forms. Filing fees. Effective time and date of document. Correcting filed document. Duty of Secretary of State to file documents; effect of filing or refusing to do so. Appeal from Secretary of State’s refusal to file document. Evidence of fi…
O.C.G.A. § 14-3-130 Powers of Attorney General over unlawful assignment of corporate assets; dissolution of corporation; investigative and subpoena powers
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Definitions. Notice. Purposes of corporation. Duration and powers of corporation. Emergency powers. Ultra vires. Nonprofit defined; rights; director’s role; reporting. PART 5 Article 4 COURT-ORDERED MEETINGS Corporate Name Authority of court to order 587 Corporate name. Sec. 14-3…
O.C.G.A. § 14-3-403 CORPORATIONS & PARTNERSHIPS PART 3 Reservation of corporate name

Showing 451–500 of 848

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Registered name of foreign corporation [Repealed]. Article 5 TERMINATION OF MEMBERSHIP Sec. 14-3-620.

O.C.G.A. § 14-3-611 Authority to provide for delegates

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PART 1 VENUE Resignation by member and effect thereof. Involuntary termination of membership; procedures; statute of limitations for challenging involuntary termination; liability for dues, assessments, or fees. PART 4 PART 2 Voting rights. Limitation on members’ liability. Liabi…

O.C.G.A. § 14-4-1 Intention

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This chapter is intended to be and is merely a recompilation of existing statutes affecting and regulating corporations chartered by the Secretary of State and complements and supplements the express provisions of existing statutes governing banking, trust, insurance, railroad, c…

O.C.G.A. § 14-4-2 Existing venue statutes unaffected by chapter

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Nothing in this chapter shall affect existing statutes with respect to the venue of actions against railroad, electric, banking, trust, insurance, canal, navigation, express, and telegraph companies, which existing statutes include, as to express companies, those statutes codifie…

O.C.G.A. § 14-4-21 Number of directors; effect upon acts of directors prior to April 1, 1969

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Every banking, trust, insurance, railroad, canal, navigation, express, and telegraph corporation shall have such number of directors, not less than three, as may be provided by its charter, any amendment thereto granted prior to April 1, 1969, or thereafter, or by its bylaws in t…

O.C.G.A. § 14-4-22 Use of name of another without consent

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Whenever application is made to the Secretary of State to obtain a charter or the authorization of articles of incorporation for any purpose, it shall be unlawful for the applicant either to use the name of any person, order, lodge, society, or corporation as a corporate name or …

O.C.G.A. § 14-4-23 Objection to grant of charter; hearing thereon

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It shall be the right of any person, order, lodge, society, or corporation interested in the result of an application to obtain a charter or the authorization of articles of incorporation in which the name of such person, order, lodge, society, or corporation is used unlawfully u…

O.C.G.A. § 14-4-24 Appeal from action of Secretary of State

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Either party to a hearing held pursuant to Code Section 14-4-23 who is dissatisfied with the action of the Secretary of State may appeal to the Superior Court of Fulton County, whereupon the matter shall be tried de novo by the court without a jury. The court shall either sustain…

O.C.G.A. § 14-4-25 When previously used corporate name becomes available for use by others

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(a) The name of a corporation shall become immediately available for use by others upon: (1) The surrender by the corporation of its franchise; (2) The effective date of an amendment changing the name of the corporation; (3) The voluntary or involuntary dissolution of the corpora…

O.C.G.A. § 14-4-40 Creation of shares with or without par value and of classes of shares

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Every corporation having capital stock incorporated prior to April 1, 1969, or thereafter by the Secretary of State or by Act of the General Assembly, including corporations with powers derived from both of such sources, except an insurance company, which shall be subject to the …

O.C.G.A. § 14-4-41 Authority prerequisite to issuance of stock

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Before any corporation shall avail itself of this article, it shall procure appropriate corporate authority therefor in the manner provided by law. The Secretary of State is authorized to grant such powers to the several classes of corporations of which he has jurisdiction to gra…

O.C.G.A. § 14-4-42 Application of laws governing par stock to nonpar stock

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The provisions of law relating to the issue of shares of capital stock with par value, including in the case of a corporation under the jurisdiction of the Georgia Public Service Commission the laws defining the duties and powers of said commission with respect to the issuance of…

O.C.G.A. § 14-4-43 Consideration for sale of nonpar stock

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A corporation may issue and dispose of its authorized shares without par value for such consideration as may be authorized or prescribed in its charter or certificate of incorporation or amendments thereof or, if there is no provision therein with respect thereto, for such consid…

O.C.G.A. § 14-4-44 Change of par stock into nonpar stock

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Every corporation of the character included in Code Section 14-4-40 having shares with par value, whether issued and outstanding or only authorized, may, at a meeting duly called for the purpose, by the vote of a majority of all its stock entitled to vote or, if two or more class…

O.C.G.A. § 14-4-45 Application for incorporation of corporations having nonpar stock

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Upon the organization of any corporation having shares of stock without par value, the petition, declaration, or other application for incorporation required by law, in addition to other matters required to be stated, shall state: (1) The number of shares with par value and the n…

O.C.G.A. § 14-4-46 Statement as to nonpar stock

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Any law requiring that the amount of par value of the capital stock of a corporation be stated in any certificate, report, or other instrument shall be deemed to be complied with so far as shares without par value are concerned by stating with respect to such shares the number au…

O.C.G.A. § 14-4-47 Meeting ‘‘duly called for the purpose’’ defined

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A meeting ‘‘duly called for the purpose,’’ as that phrase is used in this article, shall mean a meeting of the stockholders called and notified for the purpose in the manner prescribed by the bylaws of the corporation concerned. Unless required by the bylaws, no publication of th…

O.C.G.A. § 14-4-60 Powers generally

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All corporations have the right to sue and be sued, to have and use a common seal, to make bylaws binding on their own members not inconsistent with the laws of this state and of the United States, to receive donations by gift or will, to purchase and hold such property, real or …

O.C.G.A. § 14-4-61 Power to make donations for public welfare or for charitable, scientific, or educational purposes

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Every private corporation incorporated in this state on or after April 1, 1969, shall have, in addition to the powers granted in its articles of incorporation or charter and in addition to other general powers conferred by law, power to make donations for the public welfare or fo…

O.C.G.A. § 14-4-62 Continuous succession; term of articles of incorporation or charter

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Corporations shall have continuous succession during the time limited by their articles of incorporation or charters, notwithstanding the death of their members. Should any articles of incorporation or charter granted to a private corporation be silent as to its continuance, such…

O.C.G.A. § 14-4-63 Liability of persons transacting business before minimum capital stock subscribed for

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Persons who organize a company and transact business in its name before the minimum capital stock has been subscribed for are liable to creditors to make good the minimum capital stock with interest. (Civil Code 1895, § 1856; Civil Code 1910, § 2220; Code 1933, § 22-707; Code 193…

O.C.G.A. § 14-4-64 Responsibility for acts of officers

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Every corporation acts through its officers and is responsible for the acts of such officers in the sphere of their appropriate duties; and no corporation shall be relieved of its liability to third persons for the acts of its officers by reason of any bylaws or other limitation …

O.C.G.A. § 14-4-65 Improper dividends; liability of officers

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No corporation or association shall declare any dividend or distribute any money among its members as profits when such dividend or money is not declared or distributed from the actual legitimate net earnings and in any manner increases its debts. Should the president, directors,…

O.C.G.A. § 14-4-80 Renewal of charter

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(a) Any railroad, canal, navigation, express, or telegraph company heretofore incorporated by an Act of the General Assembly or by a certificate of the Secretary of State may have its charter renewed and its corporate existence extended for a period of 30 years by filing with the…

O.C.G.A. § 14-4-81 Revival of expired charter

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(a) In all cases where a charter of any corporation incorporated by an Act of the General Assembly or by a certificate of the Secretary of State has expired and such corporation has continued in business in ignorance of such expiration, such charter may be revived in the same man…

O.C.G.A. § 14-4-100 Application for amendment of charter of companies incorporated by Act of General Assembly; surrender of certain powers by insurance companies

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(a) Any insurance, railroad, canal, navigation, express, or telegraph company, incorporated prior to April 1, 1969, by special Act of the General Assembly, may amend its charter so as to acquire any or all of the corporate powers and privileges granted to a like corporation under…

O.C.G.A. § 14-4-101 Issuance of certificate of amendment to acquire powers; form

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If application shall be made under subsection (a) of Code Section 14-4-100 to amend the charter of an insurance, railroad, canal, navigation, express, or telegraph company incorporated by special Act of the General Assembly, the Secretary of State shall issue to the corporation t…

O.C.G.A. § 14-4-102 Issuance of certificate of amendment to surrender powers; form

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If application shall be made by an insurance company under subsection (b) of Code Section 14-4-100 to amend its charter, the Secretary of State shall issue the insurance company the following certificate: To whom it may concern — Greetings: (Insert here name of petitioning insura…

O.C.G.A. § 14-4-103 Acceptance of amendment conclusively presumed

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After the filing of an application for an amended charter under Code Section 14-4-100 and the issuance of the certificate prescribed in Code Section 14-4-101 or 14-4-102, the corporation shall be conclusively presumed to have accepted the amendment specified and shall have, enjoy…

O.C.G.A. § 14-4-104 Secretary of State to keep record of amendments

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The Secretary of State shall keep on file all applications and abstracts filed with him under Code Section 14-4-100 and a book in which he shall enter the names of all the companies obtaining amendments to charters under that Code section, the date of the amendment, and, if appro…

O.C.G.A. § 14-4-105 Amendments of charter and changes in capitalization of railroad companies undergoing reorganization in bankruptcy proceedings

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(a) Notwithstanding any other laws of this state applicable to amendments of charters or certificates of incorporation of railroad companies incorporated under the laws of this state or to changes in the capitalizations thereof or to the issuance of capital stock, bonds, or other…

O.C.G.A. § 14-4-120 Petition for change of name, principal office, capital stock, or number of directors

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(a) Any railroad, insurance, express, telegraph, canal, or navigation company, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may have its corporate name, its principal office, the face value of each share of its ca…

O.C.G.A. § 14-4-121 Issuance of certificate of change of name, principal office, capital stock, or number of directors

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When the petition, abstract, and affidavit required by Code Section 14-4-120 have been filed in the office of the Secretary of State, he shall issue to the petitioning company under the great seal of the state a certificate in the following form: To all to whom these presents may…

O.C.G.A. § 14-4-140 Merger or share exchange consolidation of corporations incorporated by Secretary of State

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Any two or more corporations incorporated by the Secretary of State under provisions other than Chapter 2 of this title, except banks and trust companies, may merge into a single corporation or enter into a share exchange in the manner set forth in Article 11 of Chapter 2 of this…

O.C.G.A. § 14-4-141 Merger or share exchange consolidation of corporations chartered by Secretary of State with domestic corporations incorporated under Chapter 2

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A corporation which has received its charter from the Secretary of State under provisions other than Chapter 2 of this title, other than a bank or trust company, may merge or enter into a share exchange with a domestic corporation or corporations governed by Chapter 2 of this tit…

O.C.G.A. § 14-4-142 Merger or share exchange consolidation of corporations chartered by Secretary of State with foreign corporations

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A corporation which has received its charter from the Secretary of State under provisions other than Chapter 2 of this title, other than a bank or trust company, may merge or enter into a share exchange with one or more foreign corporations in accordance with Code Section 14-2-11…

O.C.G.A. § 14-4-143 Right of stockholder to dissent from merger or share exchange consolidation — Demand for payment of value of stock

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If any corporation incorporated by the Secretary of State under provisions other than Chapter 2 of this title, except banks and trust companies, merges or enters into a share exchange with another corporation pursuant to Code Section 14-4-140, 14-4-141, or 14-4-142, the rights of…

O.C.G.A. § 14-4-145 Appeal from appraisal

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Within ten days after an appraisal is filed in the office of the clerk of the superior court pursuant to Code Section 14-4-144, either the dissenting stockholder or the corporation may enter an appeal in writing to the superior court from the finding of the arbitrators. At the te…

O.C.G.A. § 14-4-147 Enforcement against corporation of judgment determining value of stock

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In the event the surviving or resulting corporation shall fail to pay the amount of a judgment determining the value of a dissenting stockholder’s stock within ten days after the judgment becomes final, execution shall issue thereon and said judgment shall be enforced as other ju…

O.C.G.A. § 14-4-148 Stockholders of surviving or resulting corporation

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Each stockholder in either of the consolidating or merging corporations at the time the merger or consolidation becomes effective who is entitled to vote but who does not vote against the merger or consolidation and object thereto in writing, as provided in Code Section 14-4-143,…

O.C.G.A. § 14-4-149 Article cumulative of other provisions

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The right and power to merge or consolidate provided by this article is cumulative and is in addition to any power or right to merge or consolidate vested in corporations created prior to April 1, 1969, or provided by or under the terms of other statutes or this Code. (Code 1933,…

O.C.G.A. § 14-4-150 Recording of charter of consolidated or merged corporation

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Upon the merger or consolidation of corporations as provided in this article, the consolidated corporation or the corporation into which the constituent corporations are merged may cause to be recorded in the records of any clerk of any superior court of this state a certified co…

O.C.G.A. § 14-4-160 Forfeiture of charter

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(a) A corporation may forfeit its charter: (1) By failure to file its annual registration with the Secretary of State as required by Code Section 14-4-180 or by failure to file its annual license or occupational tax return on or before the day such return becomes due; (2) By havi…

O.C.G.A. § 14-4-161 Effect of dissolution upon causes of action; service of process

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(a) The dissolution of a corporation either as a result of the expiration of its charter or for any other cause shall not bring about its total extinction nor operate to extinguish any demand or cause of action against it in favor of any person whomsoever, whether arising from co…

O.C.G.A. § 14-4-180 Annual registration required

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It shall be the duty of all corporations incorporated by the Secretary of State to file with the Secretary of State an annual registration as prescribed by Code Section 14-2-1622. (Ga. L. 1906, p. 105, § 2; Civil Code 1910, § 2209; Code 1933, § 22-1703; Code 1933, § 22-4601, enac…

O.C.G.A. § 14-4-180.1 Valid period for annual registration

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Notwithstanding any other law to the contrary, the Secretary of State may provide for the annual registration required under Code Section 14-4-180 to be valid for a period up to and including three years. The Secretary of State is authorized to adopt the necessary rules and regul…

O.C.G.A. § 14-4-183 Fees of Secretary of State for filing documents

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The Secretary of State shall collect fees as prescribed in Code Section 14-2-122 when the documents described in this chapter are delivered to him for filing. (Code 1933, § 22-4701, enacted by Ga. L. 1968, p. 565, § 1; Ga. L. 1969, p. 152, §§ 70, 71; Ga. L. 1989, p. 1027, § 35.)