2025 Code of Georgia
Title 14 - Corporations, Partnerships, and Associations (Chs. 1 — 11)
Chapter 3 - Nonprofit Corporations (Arts. 1 — 17)
Article 16 - Records and Reports (Pts. 1 — 2)
Annotations
JUDICIAL DECISIONS
Editor’s notes.In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 22-2612, are included in the annotations for this Code section.
Requirement of proper purpose and reasonable time serve as safeguards against abuse of inspection right. Smith v. Conley, 158 Ga. App. 191, 279 S. E.2d 491, 1981 Ga. App. LEXIS 2122 (1981) (decided under former Code 1933, § 22-2612).
What constitutes proper purpose. —Element of proper purpose for inspection was satisfied for documents sought in order to determine (1) whether proper records were being kept, (2) performance of management, and (3) condition of company. Smith v. Conley, 158 Ga. App. 191, 279 S. E.2d 491, 1981 Ga. App. LEXIS 2122 (1981) (decided under former Code 1933, § 22-2612).
Inspection within one year of request not improper purpose. —Standing alone, fact that members of nonprofit corporation had exercised their statutory right to inspect books at some time within a one-year period does not amount to evidence of improper purpose. Smith v. Conley, 158 Ga. App. 191, 279 S. E.2d 491, 1981 Ga. App. LEXIS 2122 (1981) (decided under former Code 1933, § 22-2612).
Research References & Practice Aids
RESEARCH REFERENCES Am. Jur. 2d.18A Am. Jur. 2d, Corporations, §§ 272 et seq. 18B Am. Jur. 2d, Corporations, §§ 1479, 1512.
C.J.S.7 C. J. S., Associations, § 4. 18 C. J. S., Corporations, § 150 et seq., 409 et seq. 19 C. J. S., Corporations, §§ 594, 595.
ALR.Stockholder’s or officer’s right to inspect books and records of corporation, 174 A. L. R. 262.
Purposes for which stockholder or officer may exercise right to examine corporate books and records, 15 A. L. R.2d 11.
Attorneys’ fees and other expenses incident to controversy respecting internal affairs of corporation as charge against the corporation, 39 A. L. R.2d 580.
Right of stockholder to have corporate books inspected by attorney, accountant, or other agent without stockholder’s presence, 48 A. L. R.3d 1072.
What corporate documents are subject to shareholder’s right to inspection, 88 A. L. R.3d 663.
Hierarchy Notes:O. C. G. A. Title 14
O. C. G. A. Title 14, Ch. 3