Every church or religious society is authorized to fill all vacancies which may arise in the administration of the trusts described in Code Section 14-5-46 by the death, removal, or expulsion of a trustee or otherwise. When any vacancy shall be filled, the same shall be certified under the hand of the person presiding in the church or society according to the form of government or discipline practiced by the church or society, which certificate shall express the name of the person appointed to fill the vacancy and the name of the person in whose place he shall be appointed. When the certificate has been recorded in the office of the clerk of the superior court of the county in which the land lies, the person so appointed to fill the vacancy shall be as fully vested with the trust as if he had been a party to and named in the original deed, provided that the failure to have recorded the certificate of appointment shall not operate to disqualify or render incompetent to act in any proceeding any trustee duly appointed by the form of government or discipline practiced by the church or society having the power to appoint trustees.
History. Laws 1805, Cobb’s 1851 Digest, pp. 899, 900; Code 1873, § 2345; Code 1882, § 2345; Ga. L. 1884-85, p. 51, § 1; Civil Code 1895, §§ 2355, 3194; Civil Code 1910, §§ 2828, 3778; Code 1933, § 22-411; Code 1933, § 22-5509, enacted by Ga. L. 1968, p. 565, § 1.
Structure Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 5 - Miscellaneous Provisions Relating to Corporations
Article 3 - Corporations Organized for Religious, Fraternal, or Educational Purposes
§ 14-5-40. Applicability of Chapter 3 of Title
§ 14-5-41. Validity of Contracts and Deposits; Enforcement
§ 14-5-42. Authority to Act as Trustee of Charitable Trust
§ 14-5-43. Church Represented by Majority; Effect of Withdrawal of Part of Congregation
§ 14-5-44. Church Edifice Liable to Sale for Debt
§ 14-5-45. Interference by Courts With Management of Church
§ 14-5-46. Conveyances to Churches or Religious Societies Confirmed
§ 14-5-47. Authority of Churches or Religious Societies Over Trustees Holding Land for Their Use
§ 14-5-49. Applicability of Code Sections 14-5-46 Through 14-5-48 to Other Societies
§ 14-5-50. Corporate Rights Generally
§ 14-5-51. Powers of Eleemosynary and Religious Corporations Extended