2022 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 5 - Miscellaneous Provisions Relating to Corporations
Article 1 - General Provisions
§ 14-5-7. Execution of Instruments Conveying Interest in Real Property or Releasing Security Agreement
- Instruments executed by a corporation conveying an interest in real property, when signed by the president or vice-president and attested or countersigned by the secretary or an assistant secretary or the cashier or assistant cashier of the corporation shall, notwithstanding the lack of a corporate seal, be conclusive evidence that the president or vice-president of the corporation executing the instrument does in fact occupy the official position indicated, that the signature of such officer subscribed thereto is genuine, and that the execution of the instrument on behalf of the corporation has been duly authorized. Any corporation may by proper resolution recorded with the instrument or otherwise filed of record and referenced on the face of the instrument authorize the execution of such instruments by other officers of the corporation.
- Instruments executed by a corporation releasing or transferring a deed to secure debt, mortgage, or other security agreement, when signed by the president, vice-president, secretary, or assistant secretary of the corporation shall, notwithstanding the lack of a corporate seal, be conclusive evidence that the officer of the corporation executing the instrument does in fact occupy the official position indicated, that the signature of such officer subscribed thereto is genuine, and that the execution of the instrument on behalf of the corporation has been duly authorized. Any corporation may by proper resolution recorded with the instrument or otherwise filed of record and referenced on the face of the instrument authorize the execution of such instruments by other officers of the corporation.
History. Ga. L. 1962, p. 516, § 1; Code 1933, § 22-5106, enacted by Ga. L. 1968, p. 565, § 1; Ga. L. 1982, p. 1197, §§ 1, 2; Ga. L. 1992, p. 1180, § 2; Ga. L. 2011, p. 430, § 5/SB 64.
Editor’s notes.
Ga. L. 1992, p. 1180, § 3, not codified by the General Assembly, provided that the amendment to subsection (a) is applicable to acts occuring prior to July 1, 1992, as well as to acts occuring on or after such date.
Law reviews.
For survey article on business associations, see 34 Mercer L. Rev. 13 (1982).
For article, “2008 Annual Review of Case Law Development,” see 14 (No. 6) Ga. St. B.J. 28 (2009).
For article, “2013 Georgia Corporation and Business Organization Case Law Developments,” see 19 Ga. St. B.J. 28 (April 2014).
For article, “2015 Georgia Corporation and Business Organization Case Law Developments,” see 21 Ga. St. B. J. 30 (Apr. 2016).
