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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

842 sections·Filtered byTitle 46✕

O.C.G.A. § 46-5-43 Prescription by commission of rules and regulations as to application for certificate of public convenience and necessity; giving notice of receipt of application
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The application for any certificate of public convenience and necessity provided for in Code Section 46-5-41 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the Page: 464 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date…
O.C.G.A. § 46-5-44 Power of commission to issue or deny certificate
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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…
O.C.G.A. § 46-5-45 Filing complaints with commission regarding persons constructing, operating, or acquiring telephone line, plant, or system without certificate
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Whenever any person is engaged in or is about to engage in the construction, operation, or acquisition of any telephone line, plant, or system without having secured a certificate of public convenience and necessity as required by Code Section 46-5-41, any interested person may f…
Granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 17, 1950

Showing 451–500 of 842

Page 10 of 17

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O.C.G.A. § 46-5-46

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(a) Any person engaged in the construction or operation of any telephone line, plant, or system or any extension thereof as of February 17, 1950, shall be entitled to receive a certificate of public convenience and necessity from the commission authorizing such person to continue…

O.C.G.A. § 46-5-60 Short title

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This part may be cited as the ‘‘Rural Telephone Cooperative Act.’’ (Ga. L. 1950, p. 192, § 1.)

O.C.G.A. § 46-5-61 Declaration of purpose

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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.)

O.C.G.A. § 46-5-62 Definitions

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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…

O.C.G.A. § 46-5-63 Powers of cooperatives generally

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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…

O.C.G.A. § 46-5-64 Power of superior court to create cooperatives, to approve amendments to their articles of incorporation, conversion, consolidation, merger, or dissolution

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The superior court shall have power, by compliance with this part, to create cooperatives, to approve amendments to articles of incorporation of cooperatives, to approve articles of conversion and combined articles of consolidation and conversion of existing corporations proposin…

O.C.G.A. § 46-5-65 Names of cooperatives

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(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…

O.C.G.A. § 46-5-66 Incorporators

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Five or more persons, including cooperatives, may organize a cooperative in the manner provided in this part. (Ga. L. 1950, p. 192, § 7.)

O.C.G.A. § 46-5-68 Presentation of articles of incorporation to superior court for approval; accompaniment of articles by Secretary of State’s certificate and by required affidavits

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The articles of incorporation, executed and acknowledged in accordance with Code Section 46-5-67, shall be presented, by application signed by two of the persons who signed the articles of incorporation, to the superior court of the county in which the principal office of the coo…

O.C.G.A. § 46-5-69 Approval of articles by judicial order; application as constituting charter of cooperative

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Upon presentation of the articles of incorporation to the superior court, or to the judge of the superior court, the judge shall examine the same and if it shall appear to the judge that the articles of incorporation are legitimately within the purview and intention of the laws o…

O.C.G.A. § 46-5-70 Filing of articles with clerk of court; payment of fee to clerk

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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…

O.C.G.A. § 46-5-71 Submittal to clerk of publisher’s affidavit

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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…

O.C.G.A. § 46-5-72 Time of advertisement of articles; appearance of advertisements prior to granting of charter

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The first of said advertisements shall appear within one week after the filing of the articles of incorporation as provided in Code Section 46-5-70 unless otherwise ordered by the court. It shall not be necessary that any of the advertisements appear prior to the granting of the …

O.C.G.A. § 46-5-73 Duty of clerk to deliver to applicants certified copies of articles and of order thereon

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Upon the filing of the articles of incorporation and the order of the judge thereon with the clerk of the superior court and the fee being paid as required by Code Section 46-5-70, the clerk shall forthwith deliver to the applicants or their attorney two certified copies of the a…

O.C.G.A. § 46-5-74 Filing of copies of articles and order with Secretary of State; payment of fee

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Upon receiving the two certified copies of the articles of incorporation and the order of the judge thereon, the applicants or their attorney shall present the same to the Secretary of State for registration and recordation and shall concurrently therewith pay to the Secretary of…

O.C.G.A. § 46-5-75 Certificate of Secretary of State

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The Secretary of State shall thereupon attach to one of the certified copies of the articles of incorporation with order of the judge thereon, 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 PUBLIC…

O.C.G.A. § 46-5-76 Certified copies of charter and Secretary of State’s certificate as evidence of incorporation of cooperative and of nature and contents of charter

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Such certified copies of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the incorporation of the cooperative and of the nature and contents of its charter. (Ga. L. 1950, p. 192,…

O.C.G.A. § 46-5-77 Time of corporate existence of cooperative

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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…

O.C.G.A. § 46-5-78 Bylaws of cooperative generally

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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 …

O.C.G.A. § 46-5-79 Qualifications for membership in cooperative; certificate of membership; share certificates; payment for shares of stock

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(a) Each incorporator of a cooperative shall be a member thereof, but no other person may become a member thereof unless he agrees to use telephone service furnished by the cooperative when it is made available through its facilities. Membership in a cooperative shall be evidence…

O.C.G.A. § 46-5-80 Meetings of members — Generally

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(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. 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 PUBLIC UTILITIES, ETC.…

O.C.G.A. § 46-5-81 Meetings of members — Waiver of notice

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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 …

O.C.G.A. § 46-5-82 Board of directors

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(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…

O.C.G.A. § 46-5-83 Division of service territory into districts; election of district delegates; boundaries of districts; voting by members at district meetings and by district delegates at any meeting

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The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, including, without limitation, the nomination and election of directors and the election and functioning of district delegates. Such delega…

O.C.G.A. § 46-5-84 Officers of cooperative

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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…

O.C.G.A. § 46-5-85 Amendment of articles of incorporation

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(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…

O.C.G.A. § 46-5-86 Change of location of principal office

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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…

O.C.G.A. § 46-5-87 Consolidation of cooperatives

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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…

O.C.G.A. § 46-5-88 Merger of cooperatives

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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…

O.C.G.A. § 46-5-89 Effect of consolidation or merger

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(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…

O.C.G.A. § 46-5-90 Conversion of telephone corporation into a cooperative; consolidation of telephone corporations into a cooperative

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(a) Any corporation organized under the laws of this state and furnishing or having the corporate power to furnish telephone service may be converted into a cooperative, and shall thereupon become subject to this part, with the same effect as if originally organized under this pa…

O.C.G.A. § 46-5-91 Dissolution of cooperatives

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(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…

O.C.G.A. § 46-5-92 Operation of cooperatives on nonprofit basis; contents of bylaws and of contracts with members and patrons regarding nonprofit operation

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A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. The bylaws of a cooperative or its contracts with members and patrons shall contain such provisions relative to the disposition of revenues and receipts as may be necessary and…

O.C.G.A. § 46-5-93 Pledging or encumbering of property, assets, rights, and privileges of cooperative by board of directors to secure indebtedness to federal government; tax exemption for mortgages and deeds of trust; s

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(a) In order to secure any indebtedness of the cooperative to the United States government or any agency or instrumentality thereof, the board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the executi…

O.C.G.A. § 46-5-94 Liability of members and shareholders for debts of cooperative

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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.)

O.C.G.A. § 46-5-95 Effect of recordation of mortgage, deed of trust, or other instrument of real and personal property of cooperative

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Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation doing business in this state pursuant to this part, which mortgage, deed of trust, or other instrument affects real and personal property and which is recorded in the real property r…

O.C.G.A. § 46-5-96 Construction standards

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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…

O.C.G.A. § 46-5-97 Limitation of actions

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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 …

O.C.G.A. § 46-5-98 Taking of acknowledgments by officers, trustees, members, or shareholders of cooperatives

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No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which the cooperative is a party, by reason of that person’s being an officer, trustee, membe…

O.C.G.A. § 46-5-99 Extension of telephone service into state by foreign nonprofit or cooperative corporations; Secretary of State as agent for foreign corporations; rights and powers of foreign corporations

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Any foreign nonprofit or cooperative corporation furnishing or authorized to furnish telephone service and owning or operating telephone lines or facilities in a state adjacent to this state may construct or acquire extensions of such lines in this state and operate such extensio…

O.C.G.A. § 46-5-140 Definitions

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As used in this article, the term: (1) ‘‘Telegraph company’’ means every corporation, company, association, joint-stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, or managing any telegraph line…

O.C.G.A. § 46-5-141 Petition for charter of telegraph company; qualified petitioners; contents of petition

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All corporate powers and privileges granted to telegraph companies in this state shall be granted in the manner described in this Code section. Whenever at least five persons who are 18 years of age or over and who are citizens of the United States, two-thirds of whom are residen…

O.C.G.A. § 46-5-142 Filing fee for petition for charter; Public Service Commission to review capitalization of proposed company; issuance of license to open stock-subscription books

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Upon the filing of the petition for charter as specified in Code Section 46-5-141, the applicants shall pay to the Secretary of State the fee of $100.00. The Secretary of State shall thereafter transmit a copy of the petition to the Public Service Commission for approval prior to…

O.C.G.A. § 46-5-143 Call of organizational meeting to elect directors; notice of meeting; voting by subscribers of capital stock; minimum number of Georgia residents as directors

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As soon as possible after the capital stock has been fully subscribed, the commissioners shall call a meeting of the subscribers to the capital stock for the purpose of electing directors and transacting such other business as may come before the meeting. Notice of the meeting sh…

O.C.G.A. § 46-5-144 Filing report of organization meeting with Secretary of State; duplicate copy of report; issuance and recording of certificate of organization; time limit for organization of corporation

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(a) The commissioners shall make a full report of their proceedings and of the proceedings of the meeting of the stockholders, including a copy of the notice provided for in Code Section 46-5-143; a copy of the list of subscribers, with a statement of their respective residences …

O.C.G.A. § 46-5-145 Amendment of charter

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Any telegraph company incorporated under this article may amend its charter as provided by Code Sections 14-4-100 through 14-4-105. (Code 1981, § 46-5-145, enacted by Ga. L. 1983, p. 859, § 1.) Page: 518 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57…

O.C.G.A. § 46-5-146 Powers of telegraph corporations generally

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(a) Any corporations created under and by virtue of this article shall exist and shall have and enjoy succession under its corporate name and may, under such name: (1) Make and enter into contracts; (2) Sue and be sued; (3) Purchase and hold such real or personal property as may …