(Code 1981, §14-3-301, enacted by Ga. L. 1991, p. 465, § 1.)
Cross references.- Corporations organized for religious, fraternal, or educational purposes, § 14-5-40 et seq.
Corporations exempt from state income tax, § 48-7-25.
COMMENTSubsection (a) follows the approach of the Business Code and the Model Act in permitting incorporation for any lawful purpose. Former law (section 14-3-20) provided a nonexclusive list of permissible purposes.
Subsection (b) is based on former section 14-3-20(b) and on the Model Act.
JUDICIAL DECISIONS
Cited in Bradfield v. Hospital Auth., 226 Ga. 575, 176 S.E.2d 92 (1970); Dixon v. Georgia Indigent Legal Servs., Inc., 388 F. Supp. 1156 (S.D. Ga. 1974).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code Section 14-3-20, are included in the annotations for this Code section.
Acquiring funds or property for donation to state agency.
- A nonprofit corporation may be organized under Georgia law for the purpose of raising funds or acquiring property to donate to an agency or organization of Georgia state government. 1987 Op. Att'y Gen. No. 87-24 (decided under former § 14-3-20).
RESEARCH REFERENCES
Am. Jur. 2d.
- 18A Am. Jur. 2d, Corporations, § 158 et seq.
C.J.S.- 7 C.J.S., Associations, § 2. 10 C.J.S., Beneficial Associations, § 7. 18 C.J.S., Corporations, § 53 et seq.
ALR.- Nonprofit purposes and character which warrant creation of nonprofit corporation, 16 A.L.R.2d 1345.