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Part 1 - General Provisions
§ 46-3-170. Short Title - This article may be cited as the “Georgia Electric Membership...
§ 46-3-171. Definitions - As used in this article, the term: (2.1) “Broadband affiliate”...
§ 46-3-172. Applicability of Article - History. Code 1933, § 34C-103, enacted by Ga. L. 1981,...
§ 46-3-173. Effect of Affixing Corporate Seal; Signing of Documents; Affixing of Seal as Optional; Signing of Deeds After Dissolution of an Electric Membership Corporation - History. Code 1933, § 34C-104, enacted by Ga. L. 1981,...
§ 46-3-174. Filing of Documents With Secretary of State; Filing of Articles of Correction - History. Code 1933, § 34C-105, enacted by Ga. L. 1981,...
§ 46-3-175. Certification of Documents by Secretary of State - The Secretary of State, at any time, upon the request...
§ 46-3-176. Obligations Issued to Secure Payment of Federal Loans as Constituting Securities; Exemption of Obligations and Membership Certificates From Georgia Securities Laws - Whenever any electric membership corporation shall have borrowed money from...
§ 46-3-177. Jurisdiction of Commission - Except as otherwise provided in Part 1 of Article 1...
§ 46-3-178. Intent of Article as Regards Authority of Electric Membership Corporations to Own or Operate Cable Television Systems - It is the intention of the General Assembly that nothing...
§ 46-3-179. Validity of Transactions Entered Into Before July 1, 1981; Preservation of Rights, Duties, and Interests Arising From Such Transactions - Transactions validly entered into before July 1, 1981, and the...
§ 46-3-180. Effect of Article on Cause of Action, Liability, Penalty, or Special Proceeding Accrued, Existing, Incurred, or Pending as of July 1, 1981 - The repeal of a prior Act by this article shall...
§ 46-3-181. Reservation of Power by General Assembly - The General Assembly shall at all times have power to...
§ 46-3-182. Construction of Article as Against Part 1 of Article 1 of This Chapter, the “Georgia Territorial Electric Service act.” - Nothing in this article repeals, or is intended to repeal,...
Part 2 - Corporate Purposes and Powers
§ 46-3-200. Purposes of Electric Membership Corporations - An electric membership corporation may serve any one or more...
§ 46-3-200.1. Authorized Acts of Electric Membership Corporation or Broadband Affiliate - In order to assist a broadband affiliate in the planning,...
§ 46-3-200.2. Cross-Subsidization; Jurisdiction Over Compliance With the Cross-Subsidization Prohibitions; Expedited Adjudication - History. Code 1981, § 46-3-200.2 , enacted by Ga. L....
§ 46-3-200.3. Rights, Powers, and Benefits to Broadband Affiliates of Electric Membership Corporations - Broadband affiliates shall have all of the rights, powers, and...
§ 46-3-200.4. Rates, Terms, and Conditions for Pole Attachments Between Communications Service Providers and Electric Membership Corporations and Their Broadband Affiliates - History. Code 1981, § 46-3-200.4 , enacted by Ga. L....
§ 46-3-201. Existence of Electric Membership Corporations Under Articles of Incorporation; Duration of Corporations; Powers of Corporations Generally - History. Ga. L. 1937, p. 644, § 4; Ga. L....
§ 46-3-202. Defense of Ultra Vires - No act of an electric membership corporation and no conveyance...
§ 46-3-203. Unauthorized Assumption of Corporate Powers - All persons who assume to act as an electric membership...
§ 46-3-204. Limitations as to Actions Growing Out of Acquisition of Rights of Way, Easements, or Occupation of Lands of Others; Damages Recoverable - All rights of action accruing against any electric membership corporation...
§ 46-3-205. Use of Easements - History. Code 1981, § 46-3-205 , enacted by Ga. L....
Part 3 - Corporate Name
§ 46-3-220. Requirements as to Corporate Name Generally - History. Ga. L. 1937, p. 644, § 7; Code 1933,...
§ 46-3-221. Reservation of Names - History. Code 1933, § 34C-302, enacted by Ga. L. 1981,...
Part 4 - Registered Office, Registered Agents, Service of Process, and Venue
§ 46-3-240. Registered Office and Registered Agent - History. Code 1933, § 34C-401, enacted by Ga. L. 1981,...
§ 46-3-241. Change of Registered Office or Registered Agent - History. Code 1933, § 34C-402, enacted by Ga. L. 1981,...
§ 46-3-242. Service of Process on Electric Membership Corporations - History. Code 1933, § 34C-403, enacted by Ga. L. 1981,...
§ 46-3-243. Venue in Proceedings Against Electric Membership Corporations and Foreign Electric Cooperatives Generally - History. Code 1933, § 34C-404, enacted by Ga. L. 1981,...
Part 5 - Members
§ 46-3-260. Qualifications of Members; Provision by Articles of Incorporation or Bylaws for Transfer, Classification, and Termination of Memberships - All persons who may lawfully receive service from an electric...
§ 46-3-261. Liability of Members - A member shall not, solely by virtue of his status...
§ 46-3-262. Meetings of Members Generally - History. Ga. L. 1937, p. 644, § 12; Ga. L....
§ 46-3-263. Notice of Members’ Meetings - History. Code 1933, § 34C-507, enacted by Ga. L. 1981,...
§ 46-3-264. Closing of Record Books and Fixing of Record Date - History. Code 1933, § 34C-511, enacted by Ga. L. 1981,...
§ 46-3-265. Quorum of Members; Adjournment of Meeting by Majority of Members Represented at Meeting - History. Code 1933, § 34C-509, enacted by Ga. L. 1981,...
§ 46-3-266. Voting by Members Generally - History. Ga. L. 1937, p. 644, § 9; Code 1933,...
§ 46-3-267. Effect of Voting Requirements Provided for in Articles of Incorporation or Bylaws - History. Code 1933, § 34C-508, enacted by Ga. L. 1981,...
§ 46-3-268. Voting by Proxy Generally - History. Ga. L. 1937, p. 644, § 9; Code 1933,...
§ 46-3-269. Dissenters’ Rights - No member of an electric membership corporation shall, by dissenting...
§ 46-3-270. Credentials and Elections Committee - History. Code 1933, § 34C-506, enacted by Ga. L. 1981,...
§ 46-3-271. Maintenance of Books and Records of Account; Inspection of Books and Records by Members; Preparation of Annual Financial Statements - History. Code 1933, § 34C-510, enacted by Ga. L. 1981,...
§ 46-3-272. Derivative Actions by Members - History. Code 1933, § 34C-512, enacted by Ga. L. 1981,...
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 - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 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 - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-292. Provisional Director - History. Code 1933, § 34C-603, enacted by Ga. L. 1981,...
§ 46-3-293. Classification of Directors; Division of Service Territory Into Districts - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-294. Vacancies on Board of Directors Generally - Unless the articles of incorporation or bylaws otherwise provide: History....
§ 46-3-295. Removal of Directors - History. Code 1933, § 34C-606, enacted by Ga. L. 1981,...
§ 46-3-296. Quorum of Directors; Action by Majority Vote; Conducting of Meetings of Board or Committees by Conference Calls - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-297. Executive Committee and Other Committees - History. Ga. L. 1937, p. 644, § 12; Code 1933,...
§ 46-3-298. Place, Time, and Notice of Directors’ Meetings; Waiver of Notice; Adjournment of Meetings; Notice of Adjournment; Manner of Calling Meetings - History. Code 1933, § 34C-609, enacted by Ga. L. 1981,...
§ 46-3-299. Action by Directors Without a Meeting - Unless otherwise provided by the articles of incorporation or bylaws,...
§ 46-3-300. Dissent by a Director - A director of an electric membership corporation who is present...
§ 46-3-301. Election or Appointment of Officers Generally - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-302. Removal of Officers; Filling of Vacancies - History. Code 1933, § 34C-612, enacted by Ga. L. 1981,...
§ 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,...
§ 46-3-303.1. Standard of Care for Officers in Discharge of Duties; Reasonable Reliances - History. Code 1981, § 46-3-303.1 , enacted by Ga. L....
§ 46-3-304. Actions Against Directors and Officers - History. Code 1933, § 34C-614, enacted by Ga. L. 1981,...
§ 46-3-305. Interested Directors and Officers - History. Code 1933, § 34C-616, enacted by Ga. L. 1981,...
§ 46-3-306. Indemnification of Officers, Directors, Employees, and Agents; Purchase and Maintenance of Liability Insurance; Notice to Members of Payment of Indemnification - History. Code 1933, § 34C-617, enacted by Ga. L. 1981,...
Part 7 - Organization of Electric Membership Corporations
§ 46-3-320. Number of Incorporators; Age Requirement - One or more persons may act as incorporator or incorporators...
§ 46-3-321. Signing of Articles of Incorporation; Contents of Articles of Incorporation - History. Ga. L. 1937, p. 644, § 6; Ga. L....
§ 46-3-322. Filing Articles of Incorporation; Issuance of Certificate of Incorporation; Forwarding of Copy of Certificate to Clerk of Superior Court; Rejection of Articles of Incorporation; Publication of Notice; Commencement of Corporate Existence - Click to view Click to view (name and address of...
§ 46-3-323. Effect of Issuance of Certificate of Incorporation - The certificate of incorporation issued by the Secretary of State...
§ 46-3-324. Organization Meeting of Directors - After the corporate existence has begun, an organization meeting of...
§ 46-3-325. Adoption of Initial Bylaws; Authority to Alter, Amend, Repeal, or Adopt New Bylaws; Contents of Bylaws Generally - History. Ga. L. 1937, p. 644, § 12; Ga. L....
§ 46-3-326. Adoption of Bylaws for Emergency Conditions; Emergency Powers of Board of Directors Generally - History. Code 1933, § 34C-707, enacted by Ga. L. 1981,...
Part 8 - Operation of Electric Membership Corporations Generally
§ 46-3-340. Nonprofit Operation of Electric Membership Corporations Required; Rates and Fees to Cover Costs of Operation and Interest Payments and for Maintaining Reserves; Bylaw Provisions Concerning Revenues, Assets, and Member Classification - History. Ga. L. 1937, p. 644, §§ 12, 14; Ga....
§ 46-3-341. Return of Revenues Upon Death of Member - History. Ga. L. 1971, p. 760, § 1; Code 1933,...
Part 9 - Amendment and Restatement of Articles of Incorporation of Electric Membership Corporations
§ 46-3-360. Right of Electric Membership Corporation to Amend Articles of Incorporation - An electric membership corporation may amend its articles of incorporation...
§ 46-3-361. Procedure to Amend Articles of Incorporation Generally - History. Ga. L. 1937, p. 644, § 14; Ga. L....
§ 46-3-362. Manner of Execution of Articles of Amendment; Contents of Articles of Amendment - History. Code 1933, § 34C-903, enacted by Ga. L. 1981,...
§ 46-3-363. Obtaining of Certificate From Secretary of State Upon Amendment of Name of Electric Membership Corporation; Filing Articles of Amendment; Issuance of Certificate of Amendment; Forwarding of Copy of Certificate to Superior Court; Rejection... - Click to view (Name and address of the newspaper designated...
§ 46-3-364. Time of Effectiveness of Amendment; Effect of Amendment on Pending Causes of Action - History. Code 1933, § 34C-905, enacted by Ga. L. 1981,...
§ 46-3-365. Restated Articles of Incorporation - History. Ga. L. 1937, p. 644, § 14; Ga. L....
Part 10 - Mergers and Consolidations Involving Electric Membership Corporations and Foreign Electric Cooperatives
§ 46-3-380. Procedure for Merger Generally - History. Code 1933, § 34C-1001, enacted by Ga. L. 1981,...
§ 46-3-381. Procedure for Consolidation Generally - History. Ga. L. 1937, p. 644, § 15; Ga. L....
§ 46-3-382. Approval of Merger or Consolidation Plan by Members - If an electric membership corporation which is a party to...
§ 46-3-383. Contents of Articles of Merger or Articles of Consolidation; Obtaining of Certificate From Secretary of State Upon Use of New Name; Procedures Involving Filing, Issuance, Rejection, and Publication of Articles of Merger or Articles of Con... - Click to view (name and address of the newspaper designated...
§ 46-3-384. Effect of Merger or Consolidation - History. Code 1933, § 34C-1005, enacted by Ga. L. 1981,...
§ 46-3-385. Merger or Consolidation of Electric Membership Corporations and Foreign Electric Cooperatives - History. Code 1933, § 34C-1006, enacted by Ga. L. 1981,...
Part 11 - Sale and Other Disposition of Corporate Assets
§ 46-3-400. Secured Transactions and Other Dispositions of Assets Not Requiring Member Approval - History. Code 1933, § 34A-128a, enacted by Ga. L. 1950,...
§ 46-3-401. Sale, Lease, Exchange, or Other Disposition of Corporate Assets Requiring Member Approval - A sale, lease, exchange, or other disposition of all or...
Part 12 - Dissolution of Electric Membership Corporations
§ 46-3-420. Commencement of Proceedings for Voluntary Dissolution of an Electric Membership Corporation Generally - An electric membership corporation may be dissolved by the act...
§ 46-3-421. Filing of Statement of Intent to Dissolve With Secretary of State and State Revenue Commissioner - The statement of intent to dissolve shall be delivered to...
§ 46-3-422. Effect of Filing of Statement of Intent to Dissolve - Upon the filing by the Secretary of State of a...
§ 46-3-423. Procedure After Filing Statement of Intent to Dissolve - A Statement of Intent to Dissolve _______________ (name of electric...
§ 46-3-424. Revocation of Voluntary Dissolution Proceedings by Electric Membership Corporation - An electric membership corporation may, at any time prior to...
§ 46-3-425. Filing of Statement of Revocation of Voluntary Dissolution Proceedings With Secretary of State - The statement of revocation of voluntary dissolution proceedings shall be...
§ 46-3-426. Effect of Filing of Statement of Revocation of Voluntary Dissolution Proceedings - Upon the filing by the Secretary of State of a...
§ 46-3-427. Execution of Articles of Dissolution; Contents of Articles of Dissolution - If voluntary dissolution proceedings under Code Section 46-3-420 have not...
§ 46-3-428. Filing of Articles of Dissolution With Secretary of State; Procedure Involving Filing, Issuance, and Rejection of Certificate of Dissolution; Time of Cessation of Existence of Electric Membership Corporation - History. Code 1933, § 34C-1209, enacted by Ga. L. 1981,...
§ 46-3-429. Commencement of Actions for Involuntary Dissolution of Electric Membership Corporations by Superior Courts - History. Code 1933, § 34C-1210, enacted by Ga. L. 1981,...
§ 46-3-430. Venue and Service of Process in Action for Involuntary Dissolution - Every action for the involuntary dissolution of an electric membership...
§ 46-3-431. Jurisdiction of Court to Liquidate Assets and Business of Electric Membership Corporation - History. Code 1933, § 34C-1212, enacted by Ga. L. 1981,...
§ 46-3-432. Procedure in Liquidation of Electric Membership Corporation by Court - History. Code 1933, § 34C-1213, enacted by Ga. L. 1981,...
§ 46-3-433. Qualification of Receivers; Giving of Bond - History. Code 1933, § 34C-1214, enacted by Ga. L. 1981,...
§ 46-3-434. Filing of Claims in Liquidation Proceedings; Effect of Failure to File Claims - In proceedings to liquidate the assets and business of an...
§ 46-3-435. Discontinuance of Liquidation Proceedings - The liquidation of the assets and business of an electric...
§ 46-3-436. Entry of Decree of Involuntary Dissolution; Time of Cessation of Existence of Electric Membership Corporation - In proceedings to liquidate the assets and business of an...
§ 46-3-437. Filing of Decree of Involuntary Dissolution; Giving of Notice of Entry of Decree - No fee shall be charged by such clerks for receiving...
§ 46-3-438. Deposit With Office of the State Treasurer of Amount Due Unknown, Disabled, or Unlocatable Creditors or Members; Disposition of Unclaimed Amounts; Time Limitation - Upon the voluntary or involuntary dissolution of an electric membership...
§ 46-3-439. Survival of Remedy After Dissolution - The dissolution of an electric membership corporation in any manner,...
§ 46-3-440. Revival of Electric Membership Corporation After Dissolution by Expiration of Period of Duration - An electric membership corporation that has been dissolved by the...
Part 13 - Powers and Duties of Foreign Electric Cooperatives Transacting Business in State Generally
§ 46-3-450. Requirement of Obtaining Certificate of Authority by Foreign Electric Cooperative; Applicability of State Laws Generally; Acts Not Constituting Transaction of Business in This State - History. Code 1933, § 34C-1701, enacted by Ga. L. 1981,...
§ 46-3-451. Powers of Foreign Electric Cooperatives Under Certificate of Authority Generally - A foreign electric cooperative which has received a certificate of...
§ 46-3-452. Name of Foreign Electric Cooperative - History. Code 1933, § 34C-1703, enacted by Ga. L. 1981,...
§ 46-3-453. Change of Name by Foreign Electric Cooperative - Whenever a foreign electric cooperative which is authorized to transact...
§ 46-3-454. Contents of Application for Certificate of Authority; Submission of Consent to Appointment as Registered Agent; Execution of Application by Officers of Foreign Electric Cooperative - History. Code 1933, § 34C-1705, enacted by Ga. L. 1981,...
§ 46-3-455. Filing of Application for Certificate of Authority; Issuance of Certificate of Authority by Secretary of State - History. Code 1933, § 34C-1706, enacted by Ga. L. 1981,...
§ 46-3-456. Effect of Certificate of Authority - Upon the issuance of a certificate of authority by the...
§ 46-3-457. Designation of Registered Office and Registered Agent of Foreign Electric Cooperative; Maintenance by Secretary of State of Offices and Agents; Consent to Appointment as Agent - History. Code 1933, § 34C-1708, enacted by Ga. L. 1981,...
§ 46-3-458. Change of Registered Office or Registered Agent of Foreign Electric Cooperative - History. Code 1933, § 34C-1709, enacted by Ga. L. 1981,...
§ 46-3-459. Service of Process on Foreign Electric Cooperative Authorized to Transact Business in This State - History. Code 1933, § 34C-1710, enacted by Ga. L. 1981,...
§ 46-3-460. Filing of Amendment to Articles of Incorporation of Foreign Electric Cooperative - Whenever the articles of incorporation of a foreign electric cooperative...
§ 46-3-461. Effect of Merger Whereby Foreign Electric Cooperative Is Surviving Entity - Whenever a foreign electric cooperative authorized to transact business in...
§ 46-3-462. Amending of Certificate of Authority - History. Code 1933, § 34C-1713, enacted by Ga. L. 1981,...
§ 46-3-463. Contents of Application for Withdrawal; Execution of Application and Attestation by Officers; Obtaining of Certificate From State Revenue Commissioner - History. Code 1933, § 34C-1714, enacted by Ga. L. 1981,...
§ 46-3-464. Filing of Application for Withdrawal; Issuance of Certificate of Withdrawal; Time of Cessation of Authority to Transact Business - History. Code 1933, § 34C-1715, enacted by Ga. L. 1981,...
§ 46-3-465. Effect of Termination of Existence of Foreign Electric Cooperative - History. Code 1933, § 34C-1716, enacted by Ga. L. 1981,...
§ 46-3-466. Grounds for Revocation of Certificate of Authority; Giving Notice of Revocation - History. Code 1933, § 34C-1717, enacted by Ga. L. 1981,...
§ 46-3-467. Issuance of Certificate of Revocation; Time of Cessation of Authority to Transact Business - History. Code 1933, § 34C-1719, enacted by Ga. L. 1981,...
§ 46-3-468. Application for Reinstatement of Certificate of Authority - Click to view Application for Reinstatement of Certificate of Authority...
§ 46-3-469. Transacting Business Without Certificate of Authority - History. Code 1933, § 34C-1720, enacted by Ga. L. 1981,...
Part 14 - Annual Reports
§ 46-3-480. Requirement of Annual Reports by Electric Membership Corporation and Foreign Electric Cooperative - History. Code 1933, § 34C-1301, enacted by Ga. L. 1981,...
§ 46-3-481. Filing of Annual Reports; Correction of Reports - The annual report of an electric membership corporation or foreign...
Part 15 - Fees and Charges
§ 46-3-500. Authority of Secretary of State to Charge and Collect Fees Generally - The Secretary of State shall charge and collect in accordance...
§ 46-3-501. Fees for Filing Documents and Issuing Certificates - The Secretary of State shall charge and collect for: Click...
§ 46-3-502. Fees for Furnishing Certified Copies of Documents, Instruments, and Papers and for Furnishing a Certificate of Search or a Certificate of Good Standing - The Secretary of State shall charge and collect: History. Code...
§ 46-3-503. Fees for Advertising - The fee to be allowed to publishers for publishing any...
Part 16 - Provisions Relating to the Secretary of State
§ 46-3-520. Powers of Secretary of State Generally - The Secretary of State shall have such power and authority...
§ 46-3-521. Propounding of Interrogatories by Secretary of State - The Secretary of State may propound to any electric membership...
§ 46-3-522. Disclosure of Facts and Information Obtained From Interrogatories - Interrogatories propounded by the Secretary of State and the answers...
§ 46-3-523. Notification of Actions Taken by Secretary of State; Appeal of Secretary of State’s Decision to Superior Court; Appeal by Foreign Electric Cooperative Whose Certificate Is Revoked; Appeal of Decision of Superior Court - History. Code 1933, § 34C-1504, enacted by Ga. L. 1981,...
Part 17 - Penalties
§ 46-3-540. Civil Penalties for Actions or Omissions by Electric Membership Corporations and Foreign Electric Cooperatives - History. Code 1933, § 34C-1601, enacted by Ga. L. 1981,...
§ 46-3-541. Civil and Criminal Penalties for Actions or Omissions by Officers and Directors of Electric Membership Corporations and Foreign Electric Cooperatives - History. Code 1933, § 34C-1602, enacted by Ga. L. 1981,...