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2018 Georgia Code 14-5-48 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-5-48 Case Law from Google Scholar Amendments to OCGA 14-5-48

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

14-5-48. Vacancies in administration of land trusts for use of churches and religious societies; certificate of appointment.

Every church or religious society is authorized to fill all vacancies which may arise in the administration of the trusts described in Code Section 14-5-46 by the death, removal, or expulsion of a trustee or otherwise. When any vacancy shall be filled, the same shall be certified under the hand of the person presiding in the church or society according to the form of government or discipline practiced by the church or society, which certificate shall express the name of the person appointed to fill the vacancy and the name of the person in whose place he shall be appointed. When the certificate has been recorded in the office of the clerk of the superior court of the county in which the land lies, the person so appointed to fill the vacancy shall be as fully vested with the trust as if he had been a party to and named in the original deed, provided that the failure to have recorded the certificate of appointment shall not operate to disqualify or render incompetent to act in any proceeding any trustee duly appointed by the form of government or discipline practiced by the church or society having the power to appoint trustees.

(Laws 1805, Cobb's 1851 Digest, pp. 899, 900; Code 1873, § 2345; Code 1882, § 2345; Ga. L. 1884-85, p. 51, § 1; Civil Code 1895, §§ 2355, 3194; Civil Code 1910, §§ 2828, 3778; Code 1933, § 22-411; Code 1933, § 22-5509, enacted by Ga. L. 1968, p. 565, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Civil Code 1895, § 2355 and former Code 1933, § 22-411 are included in the annotations for this Code section.

Trustees empowered to act regardless of whether appointment is recorded.

- Deeds to land made to trustees of religious societies are valid, and trustees of such societies, whether original trustees or successor trustees, are empowered to act for such societies in relation to such property whether the appointment of the trustees has been recorded or not. Jackson v. Oliphant, 88 Ga. App. 313, 76 S.E.2d 625 (1953) (decided under former Code 1933, § 22-411).

Trust property liable for debt.

- If trustees hold title to property for a church which has not been incorporated, and no certificate has been filed as provided by former Civil Code 1895, § 2355 (see now O.C.G.A. § 14-5-48), nevertheless the trust property may be subjected, by proper proceedings, to a debt for which it is liable. Kelsey v. Jackson, 123 Ga. 113, 50 S.E. 951 (1905) (decided under former Civil Code 1895, § 2355).

Cited in Bagley v. Carter, 235 Ga. 624, 220 S.E.2d 919 (1975).

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