Compensation From Business Enterprise

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Administrators and Personal Representatives
  5. Compensation
  6. Compensation From Business Enterprise

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  1. Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided that:
    1. The services provided by the executor to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;
    2. The compensation received for the services is reasonable; and
    3. The services are performed and the executor is paid pursuant to a contract executed by the executor and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the executor and are not related to the executor and provided the contract is approved by the probate court of the county in which the administration proceeding is pending.
  2. Any executor receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 53-6-62; provided, however, that nothing in this Code section shall prohibit the receipt by the executor of extra compensation for services rendered in respect to other assets or matters involving the estate.
  3. Nothing in this Code section shall prohibit the receipt by executors of normal commissions and compensation for the usual services performed by executors pursuant to law or pursuant to any fee agreement executed by the testator.
  4. The purpose of this Code section is to enable additional compensation to be paid to executors for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 53-6-62.

(Code 1981, §53-6-63, enacted by Ga. L. 1996, p. 504, § 10.)

Law reviews.

- For article surveying developments in Georgia concerning partnerships and corporations from mid-1980 through mid-1981, see 33 Mercer L. Rev. 19 (1981).

COMMENT

This section carries forward the provisions of former OCGA Sec. 53-6-151 as they relate to executors. The provisions relating to trustees are moved to Chapter 12 of this Title.


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