Georgia Code
Part 6 - Directors and Officers
§ 46-3-303. Duty of Directors and Officers to Act in Good Faith; Reliance on Financial Information Prepared by Others; Presumption of Good Faith

History. Code 1933, § 34C-613, enacted by Ga. L. 1981, p. 1587, § 1; Ga. L. 2020, p. 85, § 3/SB 373.
The 2020 amendment, effective July 1, 2020, rewrote this Code section, which read: “Directors and officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care, and skill which ordinarily prudent men would exercise under similar circumstances in like positions. In discharging their duties, directors and officers, when acting in good faith, may rely upon financial information concerning the electric membership corporation when such information is represented to them by the president of the electric membership corporation or by the employee of the electric membership corporation having charge of its books of account, or in the form of a written report by an independent or certified public accountant or firm of such accountants, to be correct and to reflect fairly the financial condition of the electric membership corporation.”
Editor’s notes.
Ga. L. 2020, p. 85, § 6/SB 373, not codified by the General Assembly, provides that: “This Act shall apply only to causes of action arising on or after July 1, 2020.

Structure Georgia Code

Georgia Code

Title 46 - Public Utilities and Public Transportation

Chapter 3 - Electrical Service

Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives

Part 6 - Directors and Officers

§ 46-3-290. Management of Business and Affairs of Electric Membership Corporation by Board of Directors; Knowledge of Limitations on Directors’ Authority Required; Qualifications; Compensation and Reimbursement for Expenses

§ 46-3-291. Number of Directors; Statement of Names and Addresses of Initial Directors in Articles of Incorporation; Duration of Director’s Service in Office

§ 46-3-292. Provisional Director

§ 46-3-293. Classification of Directors; Division of Service Territory Into Districts

§ 46-3-294. Vacancies on Board of Directors Generally

§ 46-3-295. Removal of Directors

§ 46-3-296. Quorum of Directors; Action by Majority Vote; Conducting of Meetings of Board or Committees by Conference Calls

§ 46-3-297. Executive Committee and Other Committees

§ 46-3-298. Place, Time, and Notice of Directors’ Meetings; Waiver of Notice; Adjournment of Meetings; Notice of Adjournment; Manner of Calling Meetings

§ 46-3-299. Action by Directors Without a Meeting

§ 46-3-300. Dissent by a Director

§ 46-3-301. Election or Appointment of Officers Generally

§ 46-3-302. Removal of Officers; Filling of Vacancies

§ 46-3-303. Duty of Directors and Officers to Act in Good Faith; Reliance on Financial Information Prepared by Others; Presumption of Good Faith

§ 46-3-303.1. Standard of Care for Officers in Discharge of Duties; Reasonable Reliances

§ 46-3-304. Actions Against Directors and Officers

§ 46-3-305. Interested Directors and Officers

§ 46-3-306. Indemnification of Officers, Directors, Employees, and Agents; Purchase and Maintenance of Liability Insurance; Notice to Members of Payment of Indemnification