O.C.G.A.

O.C.G.A. § 14-9-1003 (2019)

Complaint

✓ 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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In a derivative action, the complaint must set forth with particularity the effort of the plaintiff to secure commencement of the action by a general partner or the reasons for not making the effort.

History

(Code 1981, § 14-9-1003, enacted by Ga. L. 1988, p. 1016, § 1.)

Annotations

COMMENT Note to Georgia Revised Uniform Limited Partnership Act This section sets forth the pleading rule regarding plaintiff ’s effort to secure action by the general partner. Prior Georgia Law There is no provision under prior Georgia law for partner derivative actions. Comparison With Official RULPA This section is the same as the official version. Cross-Reference Derivative action permitted only if general partners with authority to do so have refused to bring the action or an effort to cause them to do it is not likely to succeed: § 14-9-1001.