In proceedings to liquidate the assets and business of an electric membership corporation, when the costs and expenses of such proceedings and all debts, obligations, and liabilities of the electric membership corporation have been paid and discharged, or adequate provision has been made therefor, and all of its remaining property and assets distributed to its members or former members, or adequate provision has been made therefor, or such property and assets have been deposited with the Office of the State Treasurer as provided in Code Section 46-3-438, or if its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and obligations and all of the property and assets have been applied so far as they will go to their payment, the court shall enter a decree dissolving the electric membership corporation. Upon the filing of the decree with the clerk of the court, the existence of the electric membership corporation shall cease.
History. Code 1933, § 34C-1217, enacted by Ga. L. 1981, p. 1587, § 1; Ga. L. 2008, p. 230, § 2/SB 175; Ga. L. 2010, p. 863, § 2/SB 296.
The 2008 amendment, effective July 1, 2008, substituted “Office of Treasury and Fiscal Services” for “Department of Administrative Services” in the middle of the first sentence.
The 2010 amendment, effective July 1, 2010, substituted “Office of the State Treasurer” for “Office of Treasury and Fiscal Services” in the middle of the first sentence.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 3 - Electrical Service
Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives
Part 12 - Dissolution of Electric Membership Corporations
§ 46-3-422. Effect of Filing of Statement of Intent to Dissolve
§ 46-3-423. Procedure After Filing Statement of Intent to Dissolve
§ 46-3-424. Revocation of Voluntary Dissolution Proceedings by Electric Membership Corporation
§ 46-3-426. Effect of Filing of Statement of Revocation of Voluntary Dissolution Proceedings
§ 46-3-427. Execution of Articles of Dissolution; Contents of Articles of Dissolution
§ 46-3-430. Venue and Service of Process in Action for Involuntary Dissolution
§ 46-3-432. Procedure in Liquidation of Electric Membership Corporation by Court
§ 46-3-433. Qualification of Receivers; Giving of Bond
§ 46-3-434. Filing of Claims in Liquidation Proceedings; Effect of Failure to File Claims
§ 46-3-435. Discontinuance of Liquidation Proceedings
§ 46-3-437. Filing of Decree of Involuntary Dissolution; Giving of Notice of Entry of Decree