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2018 Georgia Code 14-5-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-5-40 Case Law from Google Scholar Amendments to OCGA 14-5-40

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 5. Miscellaneous Provisions Relating to Corporations, 14-5-1 through 14-5-51.

ARTICLE 3 CORPORATIONS ORGANIZED FOR RELIGIOUS, FRATERNAL, OR EDUCATIONAL PURPOSES

14-5-40. Applicability of Chapter 3 of title.

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

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 Corporate 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 and14-5-40 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 Associations, § 7. 14 C.J.S., Charities, § 84 et seq. 77 C.J.S., Religious Societies, § 12 et seq.

Cases Citing O.C.G.A. § 14-5-40

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., 719 S.E.2d 446 (Ga. 2011).

Cited 18 times | Published | Supreme Court of Georgia | Nov 21, 2011 | 290 Ga. 272, 2011 Fulton County D. Rep. 4008

...k of Order. A corporation's "`[b]ylaws' means the code of rules other than the articles [of incorporation] adopted pursuant to this chapter for the regulation or management of the affairs of the corporation. . . ." OCGA § 14-3-140(4). See also OCGA § 14-5-40 (providing that Chapter 3 of Title 14 is applicable to nonprofit corporations formed for religious purposes)....
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Corp. of Mercer Univ. v. Smith, 371 S.E.2d 858 (Ga. 1988).

Cited 5 times | Published | Supreme Court of Georgia | Sep 22, 1988 | 258 Ga. 509

...The Corporations of Mercer University and Tift College contend the trial court erred by holding that Tift is a charitable trust. The defendants argue that Tift College was a nonprofit corporation within the meaning of the Georgia Nonprofit Corporation Code. OCGA §§ 14-3-3 (b) (4); 14-5-40....