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O.C.G.A. § 14-8-3 — "Knowledge" and "notice" defined | Georgia Code
O.C.G.A. § 14-8-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 8. Partnerships, 14-8-1 through 14-8-64.

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

14-8-3. "Knowledge" and "notice" defined.

  1. 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.
  2. 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.

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

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.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.