O.C.G.A.

O.C.G.A. § 14-4-40 (2019)

Creation of shares with or without par value and of classes of shares

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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 provisions of Code Section 33-14-45, or a banking or trust company,

CORPORATIONS & PARTNERSHIPS which shall be subject to the provisions of Code Section 7-1-413, may, upon its organization or thereafter in the manner provided in this article, create shares of stock with or without par value and may create two or more classes of stock with such preferences, voting powers, restrictions, and qualifications as shall be designated in its petition, declaration, or other application for incorporation or as subsequently shall be decided upon, provided there shall be but one class of common stock, each share of which shall stand upon an equality with every other share. Before any such corporation can begin business as a corporation there must be at least $1,000.00 paid in for such nonpar value common stock either in cash or in tangible assets at their fairly appraised valuation.

History

(Ga. L. 1925, p. 224, § 1; Code 1933, §§ 22-801, 22-803, 22-804; Code 1933, §§ 22-4501, 22-4503, 22-4504, enacted by Ga. L. 1968, p. 565, § 1; Ga. L. 1994, p. 694, § 1.)

Annotations

Law reviews. - For note on the 1994 amendment of this Code section, see 11 Ga. St. U. L. Rev. 196 (1994). COMMENT Note to 1981 Amendment The 1981 amendment consolidated §§ 22-4501, 22-4503, and 22-4504 of prior Title 22 in this section. RESEARCH REFERENCES Am. Jur. 2d. - 18A Am. Jur. 2d, Corporations, §§ 362 et seq., 369 et seq.

C.J.S. - 18 C.J.S., Corporations, §§ 205, 206, 229, 230, 231.

Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: Long v. Atlanta & West Point R.R., 320 S.E.2d 530 (Ga. 1984).
Long v. Atlanta & West Point R.R., 320 S.E.2d 530 (Ga. 1984). · cites it 2× “, OCGA §§ 14-4-40, 14-4-80, 14-4-81, 14-4-100, 14-4-120.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.