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2018 Georgia Code 14-3-301 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-3-301 Case Law from Google Scholar Amendments to OCGA 14-3-301

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 3. Nonprofit Corporations, 14-3-101 through 14-3-1703.

ARTICLE 3 PURPOSES AND POWERS

14-3-301. Purposes of corporation.

  1. Every corporation incorporated under this chapter has the purpose of engaging in any lawful activity unless a more limited purpose is set forth in the articles of incorporation.
  2. A corporation engaging in an activity that is subject to regulation under another statute of this state may incorporate under this chapter only if incorporation under this chapter is not prohibited by the other statute.The corporation shall be subject to all limitations of the other statute.

(Code 1981, §14-3-301, enacted by Ga. L. 1991, p. 465, § 1.)

Cross references.

- Corporations organized for religious, fraternal, or educational purposes, § 14-5-40 et seq.

Corporations exempt from state income tax, § 48-7-25.

COMMENT

Subsection (a) follows the approach of the Business Code and the Model Act in permitting incorporation for any lawful purpose. Former law (section 14-3-20) provided a nonexclusive list of permissible purposes.

Subsection (b) is based on former section 14-3-20(b) and on the Model Act.

JUDICIAL DECISIONS

Cited in Bradfield v. Hospital Auth., 226 Ga. 575, 176 S.E.2d 92 (1970); Dixon v. Georgia Indigent Legal Servs., Inc., 388 F. Supp. 1156 (S.D. Ga. 1974).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code Section 14-3-20, are included in the annotations for this Code section.

Acquiring funds or property for donation to state agency.

- A nonprofit corporation may be organized under Georgia law for the purpose of raising funds or acquiring property to donate to an agency or organization of Georgia state government. 1987 Op. Att'y Gen. No. 87-24 (decided under former § 14-3-20).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18A Am. Jur. 2d, Corporations, § 158 et seq.

C.J.S.

- 7 C.J.S., Associations, § 2. 10 C.J.S., Beneficial Associations, § 7. 18 C.J.S., Corporations, § 53 et seq.

ALR.

- Nonprofit purposes and character which warrant creation of nonprofit corporation, 16 A.L.R.2d 1345.

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