The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion, merger, or consolidation. Thereafter, the board of directors shall have the power to alter, amend, or repeal the bylaws, or adopt new bylaws, unless such power is reserved exclusively to the members of the cooperative by this part, the articles of incorporation, or bylaws previously adopted by the members; provided, however, that any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws may be adopted by the members. The members may prescribe that any bylaws adopted by them shall not be altered, amended, or repealed by the board of directors. The members may adopt, amend, or repeal the bylaws by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members, directors, and shareholders, if any, and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this part or with its articles of incorporation.
History. Ga. L. 1950, p. 192, § 19; Ga. L. 2017, p. 352, § 8/SB 46.
The 2017 amendment, effective July 1, 2017, substituted “the board of directors shall have the power to alter, amend, or repeal the bylaws, or adopt new bylaws, unless such power is reserved exclusively to the members of the cooperative by this part, the articles of incorporation, or bylaws previously adopted by the members; provided, however, that any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws may be adopted by the members. The members may prescribe that any bylaws adopted by them shall not be altered, amended, or repealed by the board of directors. The members may adopt” for “Thereafter, the members shall adopt”.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Part 3 - Rural Telephone Cooperatives
§ 46-5-61. Declaration of Purpose
§ 46-5-63. Powers of Cooperatives Generally
§ 46-5-64.1. Venue Determinations
§ 46-5-65. Names of Cooperatives
§ 46-5-70. Filing of Articles With Clerk of Court
§ 46-5-71. Submittal to Clerk of Publisher’s Affidavit
§ 46-5-73. Duty of Clerk to Deliver to Applicants Certified Copies of Articles and of Order Thereon
§ 46-5-74. Filing of Copies of Articles and Order With Secretary of State; Payment of Fee
§ 46-5-75. Certificate of Secretary of State
§ 46-5-77. Time of Corporate Existence of Cooperative
§ 46-5-78. Bylaws of Cooperative Generally
§ 46-5-80. Meetings of Members — Generally
§ 46-5-81. Meetings of Members — Waiver of Notice
§ 46-5-84. Officers of Cooperative
§ 46-5-85. Amendment of Articles of Incorporation
§ 46-5-86. Change of Location of Principal Office
§ 46-5-87. Consolidation of Cooperatives
§ 46-5-88. Merger of Cooperatives
§ 46-5-89. Effect of Consolidation or Merger
§ 46-5-91. Dissolution of Cooperatives
§ 46-5-92.1. Payment of Revenues; Priority of Payments
§ 46-5-94. Liability of Members and Shareholders for Debts of Cooperative
§ 46-5-96. Construction Standards
§ 46-5-97. Limitation of Actions
§ 46-5-98. Taking of Acknowledgments by Officers, Trustees, Members, or Shareholders of Cooperatives
§ 46-5-101. Annual License Fee; Exemption of Cooperatives From Taxation
§ 46-5-103. Jurisdiction of Commission