Exceptions to Prohibition Against Distributions

  1. Law
  2. Georgia Code
  3. Corporations, Partnerships, and Associations
  4. Nonprofit Corporations
  5. Distributions
  6. Exceptions to Prohibition Against Distributions

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  1. A corporation may make distributions to the following:
    1. Organizations whether or not incorporated that are organized and operated for the same or similar purposes as the distributing corporation;
    2. Organizations whether or not incorporated that are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international sports competition, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder, member, or individual; or
    3. A state or possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia.
  2. Except for corporations described in paragraph (2) of subsection (a) of this Code section, a corporation may repurchase a membership for the consideration that the member paid for his or her membership if, after the purchase is completed:
    1. The corporation would be able to pay its debts as they become due in the normal course of business; and
    2. The corporation's total assets would at least equal the sum of its liabilities.

(Code 1981, §14-3-1302, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 54.)


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