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2018 Georgia Code 14-3-721 | Car Wreck Lawyer

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

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

ARTICLE 7 MEETINGS

14-3-721. Number of votes to which member entitled; effect of membership in names of two or more persons.

  1. Unless the articles or bylaws provide otherwise, each member is entitled to one vote on each matter voted on by the members.
  2. Unless the articles or bylaws provide otherwise, if a membership stands of record in the names of two or more persons, their acts with respect to voting shall have the following effect:
    1. If only one votes, such act binds all; and
    2. If more than one votes, the vote shall be divided on a pro rata basis.

(Code 1981, §14-3-721, enacted by Ga. L. 1991, p. 465, § 1.)

COMMENT

This section is based on the Model Act. It sets forth the basic rule that each member is entitled to one vote on each matter voted on by the members unless the articles or bylaws provide otherwise. Subsection (b) addresses the situation of a single membership held by two or more persons. In the absence of a contrary bylaw provision, if only one person votes, that vote binds the other holders, but if more than one votes, the vote is split pro rata based on the number of persons voting.

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