O.C.G.A.

O.C.G.A. § 14-8-3 (2019)

‘‘Knowledge’’ and ‘‘notice’’ defined

✓ 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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(a) A person has ‘‘knowledge’’ of a fact within the meaning of this chapter not only when such person has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith.

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(b) A person has ‘‘notice’’ of a fact within the meaning of this chapter when the person who claims the benefit of the notice:

(1) States the fact to such person; or

(2) Delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.

History

(Code 1981, § 14-8-3, enacted by Ga. L. 1984, p. 1439, § 1.)

Annotations

COMMENT Note to Uniform Partnership Act This section defines ‘‘knowledge’’ and ‘‘notice’’ as these terms are used in the Uniform Partnership Act. ‘‘Knowledge’’ includes both actual knowledge and bad faith ignorance. ‘‘Notice’’ looks to the conduct of the person giving notice rather than to the subjective awareness of the person who receives notice. Prior Georgia Law There was no comparable provision. Official UPA This section is the same as the official version. Cross-Reference When the partnership is charged with knowledge of or notice to a partner: § 14-8-12. RESEARCH REFERENCES Am. Jur. 2d. - 59A Am. Jur. 2d, Partnership, § 3 et seq., 207 et seq.