2021 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 2 - Business Corporations
Article 5 - Office and Agent
Part 2 - Venue
§ 14-2-510. Venue

1. Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of July 1, 1989, or thereafter.
2. Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows:
   1. In civil proceedings generally, in the county of this state where the corporation maintains its registered office; or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained;
   2. In actions based on contracts, in that county in this state where the contract to be enforced was made or is to be performed, if the corporation has an office and transacts business in that county;
   3. In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county;
   4. In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business. A notice of removal shall be filed within 45 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the removal, the court to which the case is removed may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph. Upon the defendant's filing of a notice of removal, the 45 day time period for filing such notice shall be tolled until the remand, the entry of an order by the court determining that the removal is valid, or the expiration of the time period for the plaintiff to file a motion challenging the removal, whichever occurs first; and
   5. In garnishment proceedings, in the county of this state in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed.
3. Any residences established by this Code section shall be in addition to, and not in limitation of, any other residence that any domestic or foreign corporation may have by reason of other laws.
4. Whenever this chapter either requires or permits a proceeding to be brought in the county where the registered office of the corporation is maintained, if the proceeding is against a corporation having a principal office as required under a prior general corporation law, the action or proceeding may be brought in the county where the principal office is located.

(Code 1981, §14-2-510, enacted by Ga. L. 1988, p. 1070, § 1; Ga. L. 2000, p. 228, § 4.)

- Venue generally, Ga. Const. 1983, Art. VI, Sec. II.

- Ga. L. 2000, p. 228, § 1, not codified by the General Assembly, provides: "The Act shall be known and may be cited as the 'Civil Litigation Improvement Act of 2000.'"

- For article summarizing law relating to jurisdiction and venue over domestic and foreign corporations in Georgia, and service thereon, see 21 Mercer L. Rev. 457 (1970). For article, "Foreign Corporations in Georgia," see 10 Ga. St. B. J. 243 (1973). For article, "Current Problems with Venue in Georgia," see 12 Ga. St. B. J. 71 (1975). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B. J. 24 (1985). For annual review of Georgia Corporation and Business Organization Law, see 15 (No. 7) Ga. St. B. J. 20 (2010). For article, "2015 Georgia Corporation and Business Organization Case Law Developments," see 21 Ga. St. B. J. 30 (Apr. 2016). For annual survey on business associations, see 68 Mercer L. Rev. 71 (2016). For article, "2016 Georgia Corporation and Business Organization Case Law Developments," see 22 Ga. St. B. J. 58 (April 2017). For annual survey on business associations, see 69 Mercer L. Rev. 33 (2017). For annual survey on trial practice and procedure, see 69 Mercer L. Rev. 321 (2017). For article, "Georgia's Unconstitutional Business Venue Provision: A Kingdom with Impermissible Borders," see 69 Mercer L. Rev. 433 (2018). For annual survey on business associations, see 70 Mercer L. Rev. 19 (2018). For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018). For annual survey on commercial transportation: a two-year survey, see 71 Mercer L. Rev. 39 (2019). For note discussing complications created by alternative places of venue for corporations, see 11 Ga. L. Rev. 149 (1976). For note, "Venue in Multidefendant Civil Practice in Georgia," see 6 Ga. State U. L. Rev. 427 (1990). For note on 2000 amendment of O.C.G.A. § 14-2-510, see 17 Ga. St. U. L. Rev. 37 (2000). For comment on Rives v. Atlanta Newspapers, Inc., 110 Ga. App. 184, 138 S.E.2d 100 (1964), see 1 Ga. St. B. J. 236 (1964). For comment on Lamex, Inc. v. Sterling Extruder Corp., 109 Ga. App. 92, 135 S.E.2d 445 (1964), see 2 Ga. St. B. J. 127 (1965). For comment advocating a "single-act" jurisdictional statute as basis for jurisdiction over a foreign corporation, in light of Singer v. Walker, 21 A.D.2d 285, 250 N.Y.S.2d 216 (1964), see 2 Ga. St. B. J. 131 (1965).

RESEARCH REFERENCES

Am. Jur. 2d.

- 19 Am. Jur. 2d, Corporations, § 1867 et seq. 36 Am. Jur. 2d, Foreign Corporations, § 470 et seq.

- 19 C.J.S., Corporations, §§ 798 et seq., 1021.

- Prejudice against officer, stockholder, or employee of corporation as ground for change of venue on application of corporation, 63 A.L.R. 1015.

Citizenship, domicil, residence, or location of national corporations, 69 A.L.R. 1346; 88 A.L.R. 873.

Business situs of intangible in state other than domicil of owner as excluding tax at domicil, 79 A.L.R. 344.

Statutory or constitutional provisions as to venue as denial of equal protection of laws, 107 A.L.R. 862.

Situs of corporate stock (or stock in joint stock company) for purpose of attachment, garnishment, or execution, 122 A.L.R. 338.

What constitutes residence of foreign corporation in a county or judicial district within state venue statute, 129 A.L.R. 1286.

Conclusiveness, as regards venue, of designation of place of business in incorporation papers, 175 A.L.R. 1092.

Relationship between "residence" and "domicil" under venue statutes, 12 A.L.R.2d 757.

Foreign corporation's purchase within state of goods to be shipped into other state or country as doing business within state for purposes of jurisdiction or service of process, 12 A.L.R.2d 1439.

Waiver by national bank of statutory right to be sued in district where established or in which it is located, 1 A.L.R.3d 904.

Place where corporation is doing business for purposes of state venue statute, 42 A.L.R.5th 221.