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2018 Georgia Code 46-3-171 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-171 Case Law from Google Scholar Amendments to OCGA 46-3-171

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 4 ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES

46-3-171. Definitions.

As used in this article, the term:

  1. "Address" means a complete mailing address, including, whenever practicable, street and number or building and floor.
  2. "Articles of incorporation" means the original or restated articles of incorporation or articles of consolidation and all the amendments thereto, including articles of merger, and also includes what have been designated by the laws of this state prior to July 1, 1981, as charters.
  3. "Electric membership corporation" or "EMC" means an electric membership corporation organized under this article or any prior electric membership corporation law of this state, or a corporation which elected, in accordance with the provisions thereof, to be governed by Ga. L. 1937, p. 644, the "Electric Membership Corporation Act."
  4. "Federal agency" includes the United States of America and any department, administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality thereof.
  5. "Foreign electric cooperative" means a cooperative, nonprofit membership corporation organized under laws other than the laws of this state for the same or similar purposes for which an electric membership corporation may be organized under this article.
  6. "Insolvent" means that an electric membership corporation is unable to pay its debts as they become due in the usual course of its business or that it has liabilities in excess of assets.
  7. "Member" means a person who has met the requirements and conditions of membership in an electric membership corporation which are set forth in this article and in the articles of incorporation and bylaws of an electric membership corporation.
  8. "Person" includes any natural person; firm; association; electric membership corporation; foreign electric cooperative; corporation, either domestic or foreign; business or other trust; partnership; federal agency; state or political subdivision thereof; or body politic.
  9. "Service" means any service or commodity which an electric membership corporation may provide under this article for which value is paid.

(Ga. L. 1937, p. 644, § 2; Ga. L. 1939, p. 312, § 1; Ga. L. 1960, p. 5, § 1; Code 1933, § 34C-102, enacted by Ga. L. 1981, p. 1587, § 1.)

JUDICIAL DECISIONS

Word "member" designates both shareholder and customer.

- One word contained in Ga. L. 1937, p. 644 (see O.C.G.A. Art. 4, Ch. 3, T. 46) designates both the shareholder and the customer; that word is "member." By whatever word the customer may be designated, the customer is still a customer, and by whatever name a shareholder may be referred to a shareholder is still a shareholder. Lamar Elec. Membership Corp. v. Carroll, 89 Ga. App. 440, 79 S.E.2d 832 (1953).

Cited in Georgia Power Co. v. Okefenokee Rural Elec. Membership Corp., 217 Ga. 219, 121 S.E.2d 777 (1961); Georgia Power Co. v. Altamaha Rural Elec. Membership Corp., 217 Ga. 376, 122 S.E.2d 250 (1961); Georgia Power Co. v. Oconee Elec. Membership Corp., 219 Ga. 690, 135 S.E.2d 328 (1964); Troup County Elec. Membership Corp. v. Georgia Power Co., 229 Ga. 348, 191 S.E.2d 33 (1972).

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Cooperative Associations, §§ 1-4. 18 Am. Jur. 2d, Corporations, §§ 199, 202, 203, 205, 206. 27A Am. Jur. 2d, Energy and Power Sources, §§ 42, 43, 45.

C.J.S.

- 18 C.J.S., Corporations, §§ 33-40. 29 C.J.S., Electricity, § 10.

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