Title 46 — Title 46
0 chapters · 434 sections in this title.
O.C.G.A. § 46-3-146 Preservation of interests and rights of owners of bonds and notes
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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 …
O.C.G.A. § 46-3-151 Venue of actions
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Any action to protect or enforce any rights under this article brought in the courts of this state shall be brought in the Superior Court of Fulton County. Any action pertaining to validation of the bonds issued under this article and pertaining to validation of the contracts con…
O.C.G.A. § 46-3-153 Applicability of other laws to meetings and records of authority
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Meetings of the authority shall be subject to Chapter 14 of Title 50. All records of the authority shall be subject to Article 4 of Chapter 18 of Title 50. (Ga. L. 1975, p. 107, § 25.) 46-3-154. Supplemental nature of powers conferred by article.
O.C.G.A. § 46-3-154 Supplemental nature of powers conferred by article
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The provisions of this article shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers conferred by any other law. (Ga. L. 1975, p. 107, § 29.) 46-3-155. Construction of a…
O.C.G.A. § 46-3-155 Construction of article
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This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. (Ga. L. 1975, p. 107, § 28.)
O.C.G.A. § 46-3-170 Short title
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This article may be cited as the ‘‘Georgia Electric Membership Corporation Act.’’ (Ga. L. 1937, p. 644, § 1; Code 1933, § 34C-101, enacted by Ga. L. 1981, p. 1587, § 1.)
O.C.G.A. § 46-3-171 Definitions
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As used in this article, the term: (1) ‘‘Address’’ means a complete mailing address, including, whenever practicable, street and number or building and floor. (2) ‘‘Articles of incorporation’’ means the original or restated articles of incorporation or articles of consolidation a…
O.C.G.A. § 46-3-172 Applicability of article
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(a) This article shall apply to electric membership corporations but shall not apply to other persons except when expressly so provided in this article. (b) This article shall apply to commerce with foreign nations and among the several states only insofar as the same may be perm…
O.C.G.A. § 46-3-177 Jurisdiction of commission
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Except as otherwise provided in Part 1 of Article 1 of this chapter, the ‘‘Georgia Territorial Electric Service Act,’’ electric membership corporations shall not be subject to the jurisdiction of the commission. (Code 1933, § 34C-1802, enacted by Ga. L. 1981, p. 1587, § 1.) 46-3-…
O.C.G.A. § 46-3-181 Reservation of power by General Assembly
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The General Assembly shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions, and limitations shall be binding upon any and all persons which are subject to this article; and the General Asse…
O.C.G.A. § 46-3-2 Legislative findings and declaration of policy
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The public interest requires, and it is declared to be the policy of the State of Georgia, that, in order (1) to assure the most efficient, economical, and orderly rendering of retail electric service within the state, (2) to inhibit duplication of the lines of electric suppliers…
O.C.G.A. § 46-3-200 Purposes of electric membership corporations
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An electric membership corporation may serve any one or more of the following purposes: (1) To furnish electrical energy and service; 202 Page: 203 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:53:37 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-3-200 (2…
O.C.G.A. § 46-3-202 Defense of ultra vires
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No act of an electric membership corporation and no conveyance or transfer of real or personal property to or by an electric membership corporation shall be invalid by reason of the fact that the electric membership corporation was without capacity or power to do such act or to m…
O.C.G.A. § 46-3-203 Unauthorized assumption of corporate powers
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All persons who assume to act as an electric membership corporation before the Secretary of State has issued the certificate of incorporation to the incorporator or incorporators or his or their attorney shall be jointly and severally liable for all debts and liabilities incurred…
O.C.G.A. § 46-3-204 Purposes of electric membership corporations
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Existence of electric membership corporations under articles of incorporation; duration of corporations; powers of corporations generally. Defense of ultra vires. Unauthorized assumption of corporate powers. Limitations as to actions growing out of acquisition of rights of way, e…
O.C.G.A. § 46-3-220 Requirements as to corporate name generally
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(a) The corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and: (1) Shall contain the words ‘‘electric membership corporation’’ or an abbreviation of such words; (2) Shall not contain any word or phrase: 210 Page: 211 Job Path: @mfgmic/west/stc…
O.C.G.A. § 46-3-221 Reservation of names
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(a) The exclusive right to the use of a corporate name may be reserved by: (1) Any person intending to organize an electric membership corporation under this article; (2) Any electric membership corporation intending to change its name; (3) Any foreign electric cooperative intend…
O.C.G.A. § 46-3-240 Registered office and registered agent
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(a) Each electric membership corporation shall have and continuously maintain in this state: (1) A registered office which may be, but need not be, the same as its place of business; and (2) A registered agent, which agent may be: (A) A natural person residing in this state whose…
O.C.G.A. § 46-3-241 Change of registered office or registered agent
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(a) An electric membership corporation may change its registered office or change its registered agent, or both, by executing and filing in the office of the Secretary of State a statement setting forth: (1) The name of the electric membership corporation; (2) The address of its …
O.C.G.A. § 46-3-242 Service of process on electric membership corporations
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(a) The registered agent appointed by an electric membership corporation pursuant to Code Section 46-3-240 shall be an agent of the electric membership corporation upon whom any process, notice, or demand required or permitted by law to be served upon the electric membership corp…
O.C.G.A. § 46-3-261 Liability of members
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A member shall not, solely by virtue of his status as a member, be liable for the debts of an electric membership corporation; and the property of the member shall not, solely by virtue of his status as a member, be subject to attachment, garnishment, execution, or other collecti…
O.C.G.A. § 46-3-262 Meetings of members generally
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(a) Meetings of members may be held at such place within the service area of the electric membership corporation as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held at a place within the service area of the electric membership corpor…
O.C.G.A. § 46-3-263 Notice of members’ meetings
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(a) Written notice stating the place, day, and hour of the annual meeting of members and, in case of a special meeting, the purpose or purposes for which the meeting is called shall be provided not less than five nor more than 90 days before the date of the meeting by any reasona…
O.C.G.A. § 46-3-264 Closing of record books and fixing of record date
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(a) For the purpose of determining members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or in order to make a determination of members for any other proper purpose, the board of directors of an electric membership corporation may provide …
O.C.G.A. § 46-3-266 Voting by members generally
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(a) A member shall be entitled to only one vote in the exercise of his rights as a member of an electric membership corporation. (b) No member shall have the right to cumulate his votes by giving one candidate a vote or votes equal to his vote multiplied by the number of director…
O.C.G.A. § 46-3-268 Voting by proxy generally
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(a) To the extent, and only to the extent, authorized by the articles of incorporation or bylaws, a member may be represented at a meeting of the membership, vote thereat, and execute consents or waivers by one or more persons authorized by a written proxy executed by such member…
O.C.G.A. § 46-3-269 Dissenters’ rights
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No member of an electric membership corporation shall, by dissenting from any merger or consolidation to which the electric membership corporation of which he is a member is a party or otherwise, any sale of all or substantially all the assets of such electric membership corporat…
O.C.G.A. § 46-3-270 Credentials and elections committee
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(a) The bylaws of an electric membership corporation may provide for the appointment of a credentials and elections committee composed of 225 Page: 226 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:53:54 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-3-27…
O.C.G.A. § 46-3-272 Derivative actions by members
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(a) A derivative action may be brought by a member in the right of the electric membership corporation to procure a judgment in its favor against directors, officers, or other representatives of the electric membership corporation or members or third parties, or any combination t…
O.C.G.A. § 46-3-292 Provisional director
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(a) If the directors of an electric membership corporation are deadlocked in the management of the corporate affairs and if injury to the electric membership corporation is being suffered or is threatened by reason thereof, the superior court of the county where the registered of…
O.C.G.A. § 46-3-294 Vacancies on board of directors generally
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Unless the articles of incorporation or bylaws otherwise provide: (1) Except as provided in paragraphs (2) and (3) of this Code section, any vacancy occurring in the board of directors may be filled by the affirmative vote of a majority of the remaining directors, though less tha…
O.C.G.A. § 46-3-295 Removal of directors
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(a) Unless otherwise provided in the bylaws, at any meeting of members with respect to which notice of such purpose has been given, the entire board of directors or any individual director may be removed, with or without cause, by the affirmative vote of a majority of the members…
O.C.G.A. § 46-3-297 Executive committee and other committees
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(a) Unless prohibited by the articles of incorporation or the bylaws, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees, each consisting of two o…
O.C.G.A. § 46-3-299 Action by directors without a meeting
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Unless otherwise provided by the articles of incorporation or bylaws, any action required by this article to be taken at a meeting of the directors of an electric membership corporation or any action which may be taken at a meeting of the directors or of a committee may be taken …
O.C.G.A. § 46-3-3 Definitions
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As used in this part, the term: (1) ‘‘Assigned area’’ means an enclosed geographic area assigned to only one electric supplier by the commission or by this part, and inside which the assignee electric supplier shall have the exclusive right to extend and continue furnishing servi…
O.C.G.A. § 46-3-30 Short title
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This part shall be known and may be cited as the ‘‘High-voltage Safety Act.’’ (Code 1981, § 46-3-30, enacted by Ga. L. 1992, p. 2141, § 1.) Editor’s notes. — Ga. L. 1992, p. 2141, § 1, redesignated former Code Section 46-3-30 as present Code Section 46-3-32.
O.C.G.A. § 46-3-300 Dissent by a director
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A director of an electric membership corporation who is present at a meeting of the electric membership corporation’s board of directors at which action on any corporate matter is taken shall be presumed to have assented to the action unless: (1) He votes against such action if a…
O.C.G.A. § 46-3-301 Election or appointment of officers generally
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(a) The board of directors shall elect or appoint a president, a secretary, and a treasurer. Other officers may be elected or appointed either by the board or as may be provided in the articles of incorporation or bylaws. Any two or more offices may be held by the same person, ex…
O.C.G.A. § 46-3-302 Removal of officers; filling of vacancies
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(a) Any officer or agent elected or appointed by the board of directors may be removed by the board whenever in its judgment the best interests of the electric membership corporation will be served thereby. (b) An officer or agent elected by the members may be removed only by vot…
O.C.G.A. § 46-3-304 Actions against directors and officers
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(a) An action may be brought by any of the persons named in subsection (b) of this Code section against one or more directors or officers of an electric membership corporation to procure for the benefit of the electric membership corporation a judgment for the following relief: (…
O.C.G.A. § 46-3-305 Interested directors and officers
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46-3-306. Indemnification of officers, directors, employees, and agents; purchase and maintenance of liability insurance; notice to members of payment of indemnification. 46-3-323. 46-3-324. 46-3-325. 46-3-326. Part 8 46-3-340. 46-3-341. Amendment and Restatement of Articles of I…
O.C.G.A. § 46-3-31 Purpose of part
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The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by providing that no work shall be done in the vicinity of such lines unless and until the …
O.C.G.A. § 46-3-32 Definitions
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As used in this part, the term: (1) ‘‘High-voltage lines’’ means an electric line or lines installed above ground level having a voltage in excess of 750 volts between conductors or from any conductor to ground. (2) ‘‘Notice’’ means actual notification given to the center. (3) ‘‘…
O.C.G.A. § 46-3-320 Number of incorporators; age requirement
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One or more persons may act as incorporator or incorporators of an electric membership corporation to be formed under this article. Any natural person acting as incorporator shall be at least 18 years of age. (Ga. L. 1937, p. 644, § 5; Ga. L. 1980, p. 72, § 2; Code 1933, § 34C-70…
O.C.G.A. § 46-3-323 Effect of issuance of certificate of incorporation
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The certificate of incorporation issued by the Secretary of State shall be conclusive evidence that the electric membership corporation has been incorporated under this article, except as against this state in a proceeding to cancel or revoke the certificate of incorporation or f…
O.C.G.A. § 46-3-324 Organization meeting of directors
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After the corporate existence has begun, an organization meeting of the board of directors named in the articles of incorporation shall be held, either within or outside of this state, at the call of any incorporator, for the purpose of adopting bylaws, electing officers, and tra…
O.C.G.A. § 46-3-341 Return of revenues upon death of member
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(a) Unless the bylaws otherwise provide, upon the death of a member or former member who is a natural person, the board of directors shall have authority, but shall not be required, to pay revenues allocated but not previously paid to that member or former member. (b) If the memb…
O.C.G.A. § 46-3-361 Procedure to amend articles of incorporation generally
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(a) Before the electric membership corporation has any members, amendments to the articles of incorporation may be made: (1) Before the organization meeting of the directors, by the incorporator or, if there is more than one incorporator, then by two-thirds of the incorporators; …
O.C.G.A. § 46-3-365 Restated articles of incorporation
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(a) An electric membership corporation may at any time restate its articles of incorporation as theretofore amended. (b) If the restated articles restate the text of the original articles as theretofore amended, without making any further amendment or change, the restated article…
O.C.G.A. § 46-3-380 Procedure for merger generally
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(a) Any two or more electric membership corporations may merge into one of such electric membership corporations pursuant to a plan of merger approved in the manner provided in this part. (b) The board of directors of each electric membership corporation participating in the merg…