Public Corporations; Corporate Powers; Chairman; Quorum; Oath of Office; Certification of Appointments to Secretary of State

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Each commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, each such commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. Each such commission shall name its chairman and determine a quorum for the transaction of business. Each such commission shall assume the duties and exercise the authority provided in this article without further formality than that provided in this article. Each member of each such commission shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office.

(Ga. L. 1961, p. 301, § 8; Ga. L. 1969, p. 763, § 9; Code 1981, §2-8-7; Code 1981, §2-8-15, as redesignated by Ga. L. 1989, p. 1420, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Ex-officio member may hold office of chair.

- This chapter does not require the office of chair to be held by a producer member; an ex-officio member may hold the office. 1970 Op. Att'y Gen. No. 70-70.

Effect of vacancy.

- So long as there remain sufficient members to provide a quorum, the operation of the commission is not affected by a vacancy in its membership. 1970 Op. Att'y Gen. No. 70-70.

Transacting business by conducting telephone poll of members prohibited.

- An agricultural commodity commission may not transact business by conducting a telephone poll of commission members. 1970 Op. Att'y Gen. No. 70-122. (Modified by 1985 Op. Att'y Gen. 85-26).

Commission's property exempt from ad valorem taxes.

- Because the property owned by the Agricultural Commodity Commission for Peanuts is public property, not used for the purpose of private or corporate profit and income, it is exempt from city and county ad valorem taxes. 1963-65 Op. Att'y Gen. p. 390.


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