2021 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 3 - Nonprofit Corporations
Article 1 - General Provisions
Part 3 - Secretary of State
§ 14-3-130. Powers of Secretary of State
The Secretary of State has the power reasonably necessary to perform the duties required of him or her by this chapter.
(Code 1981, §14-3-130, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 67.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 22-2701 are included in the annotations for this Code section.
Apparently school board incorporation or membership in nonprofit corporation excluded.
- While county boards of education were vested with broad powers respecting the management and control of the school systems they administer under former Code 1933, § 32-909 (see now O.C.G.A. § 20-2-520), the general laws pertaining to the creation of nonprofit corporations, former Code 1933, § 22-2501 (see now O.C.G.A. § 14-3-80) and former Code 1933, § 22-2701, appeared to exclude the possibility of school boards incorporating or being members of nonprofit corporations as a county board of education was not a corporation, partnership, association or other "person." 1978 Op. Att'y Gen. No. 78-4 (decided under former Code 1933, § 22-2701).
RESEARCH REFERENCES
Am. Jur. 2d.
- 6 Am. Jur. 2d, Associations and Clubs, § 3. 18 Am. Jur. 2d, Corporations, § 14.
C.J.S.- 7 C.J.S., Associations, § 5. 18A C.J.S., Corporations, §§ 189, 190.
ALR.
- Liability of officers, directors, or members of defectively organized corporation to one of their number for advances, commissions, etc., 115 A.L.R. 658.
Constitutionality, construction, and application of statutes which forbid or otherwise regulate compensation for organizing corporation, procuring subscription for stock, or selling its securities, 115 A.L.R. 1362.
