O.C.G.A.

O.C.G.A. § 14-5-40 (2019)

Applicability of Chapter 3 of title

✓ 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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Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are ‘‘corporations’’ as that term is defined in paragraph (6) of Code Section 14-3-140. (Code

CORPORATIONS & PARTNERSHIPS

1933, § 22-5501, enacted by Ga. L. 1968, p. 565, § 1; Ga. L. 1991, p. 465, § 2; Ga. L. 2004, p. 508, § 69.)

Annotations

Law reviews. - For article discussing equal protection in public school financing through taxation, in light of Serrano v.

Priest, 5 Cal. 3d 584, 96 Cal. Rptr. 601, 487 P.2d 1241 (1971), see 21 J. of Pub. L. 23 (1972).

JUDICIAL DECISIONS Actions of directors of nonprofit colleges must be reviewed in light of corporate rather than trust principles. This is because the formalities of trust law are inappropriate to the administration of colleges and universities which, in this era, operate as businesses. Corporation of Mercer Univ. v. Smith, 258 Ga. 509, 371 S.E.2d 858 (1988). Construction with O.C.G.A. § 14-3-101. - Georgia Nonprofit Corpo-

rate Code, O.C.G.A. § 14-3-101 et seq., can be used to resolve certain controversies involving religious institutions, under O.C.G.A. §§ 14-3-180 and 14-5-40 et seq. Waverly Hall Baptist Church, Inc. v. Branham, 276 Ga. App. 818, 625 S.E.2d 23 (2005). Cited in Free For All Missionary Baptist Church, Inc. v. Southeastern Beverage & Ice Equip. Co., 135 Ga. App. 498, 218 S.E.2d 169 (1975).

RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Religious Societies, § 4. 71 Am Jur 2d State and Local Taxation § 286. C.J.S. - 10 C.J.S., Beneficial Associa-

tions, § 7. 14 C.J.S., Charities, § 84 et seq. 77 C.J.S., Religious Societies, § 12 et seq.

Notes of Decisions

Cited in 4 cases, 2002–2015 · leading case: Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., 719 S.E.2d 446 (Ga. 2011).

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Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., 719 S.E.2d 446 (Ga. 2011). · cites it 4× “See also OCGA § 14-5-40 (providing that Chapter 3 of Title 14 is applicable to nonprofit corporations formed for religious purposes).”

Kim v. Lim, 563 S.E.2d 485 (Ga. Ct. App. 2002). · cites it 4× “But the article of the Georgia Code governing corporations organized for religious purposes, OCGA § 14-5-40 et seq., includes a provision addressing exclusively the rights and representation of those churches having a congregational form of government.”

Paradise Lost, LLC v. Oglethorpe Power Corp., 774 S.E.2d 755 (Ga. Ct. App. 2015). · cites it 2× “See OCGA § 14-5-40. 8 Oglethorpe and Smarr point to the statement in Northern Pac.”

Rector, Wardens & Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia, Inc., 699 S.E.2d 45 (Ga. Ct. App. 2010). · cites it 2× “OCGA § 14-5-40 provides that the Georgia Nonprofit Corporation Code is “fully applicable to all nonprofit corporations organized for religious .”

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