Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are "corporations" as that term is defined in paragraph (6) of Code Section 14-3-140.
(Code 1933, § 22-5501, enacted by Ga. L. 1968, p. 565, § 1; Ga. L. 1991, p. 465, § 2; Ga. L. 2004, p. 508, § 69.)
Law reviews.- For article discussing equal protection in public school financing through taxation, in light of Serrano v. Priest, 5 Cal. 3d 584, 96 Cal. Rptr. 601, 487 P.2d 1241 (1971), see 21 J. of Pub. L. 23 (1972).
JUDICIAL DECISIONS
Actions of directors of nonprofit colleges must be reviewed in light of corporate rather than trust principles. This is because the formalities of trust law are inappropriate to the administration of colleges and universities which, in this era, operate as businesses. Corporation of Mercer Univ. v. Smith, 258 Ga. 509, 371 S.E.2d 858 (1988).
Construction with O.C.G.A. § 14-3-101. - Georgia Nonprofit Corporate Code, O.C.G.A. § 14-3-101 et seq., can be used to resolve certain controversies involving religious institutions, under O.C.G.A. §§ 14-3-180 and14-5-40 et seq. Waverly Hall Baptist Church, Inc. v. Branham, 276 Ga. App. 818, 625 S.E.2d 23 (2005).
Cited in Free For All Missionary Baptist Church, Inc. v. Southeastern Beverage & Ice Equip. Co., 135 Ga. App. 498, 218 S.E.2d 169 (1975).
RESEARCH REFERENCES
Am. Jur. 2d.
- 66 Am. Jur. 2d, Religious Societies, § 4. 71 Am Jur 2d State and Local Taxation § 286.
C.J.S.- 10 C.J.S., Beneficial Associations, § 7. 14 C.J.S., Charities, § 84 et seq. 77 C.J.S., Religious Societies, § 12 et seq.