SB292: SB292 Business Corporations; domestic corporations maintaining a principal place of business in Georgia shall be deemed to reside; provide

25 LC 49 2036 Senate Bill 292 By: Senators Jones of the 10th and Davenport of the 17th A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Of ficial Code of Georgia1 Annotated, relating to venue relative to business corporations, so as to provide that certain2 domestic corporations maintaining a principal place of business in Georgia shall be deemed3 to reside and to be subject to venue in the county in Georgia where the defendant maintains4 such principal place of business; to provide for determinations regarding the principal place5 of business for certain domestic corporations; to provide for s tatutory construction; to6 provide for related matters; to provide for an effective date a nd applicability; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Co de of Georgia Annotated,11 relating to venue relative to business corporations, is amended by revising Code Section12 14-2-510, relating to venue, as follows:13 S. B. 292 - 1 - 25 LC 49 2036 "14-2-510.14 (a) Venue in proceedings against a corporation shall be determined in accordance with the15 pertinent constitutional and statutory provisions of this state in effect as of July 1, 1989, or16 thereafter.17 (b) Each domestic corporation and each foreign corporation authorized to transact business18 in this state shall be deemed to reside and to be subject to venue as follows:19 (1) In civil proceedings gener ally, in the county of this stat e where the corporation20 maintains its registered office; or if the corporation fails to maintain a registered office,21 it shall be deemed to reside in the county where its last named registered office or22 principal office, as shown by the records of the Secretary of State, was maintained;23 (2) In actions based on contr acts, in that county in this stat e where the contract to be24 enforced was made or is to be performed, if the corporation has an office and transacts25 business in that county;26 (3) In actions for damages because of torts, wrong, or injury done, in the county where27 the cause of action originated, if the corporation has an office and transacts business in28 that county;29 (4) In actions for damages because of torts, wrong, or injury done, in the county where30 the cause of action originated. If venue is based solely on this paragraph, the defendant31 shall have the right to remove the action to the county in Geor gia where the defendant32 maintains its principal place of business. A notice of removal shall be filed within 4533 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the34 removal, the court to which the case is removed may remand the case to the original court35 if it finds that removal is improper under the provisions of th is paragraph. Upon the36 defendant's filing of a notice of removal, the 45 day time peri od for filing such notice37 shall be tolled until the remand, the entry of an order by the court determining that the38 removal is valid, or the expiration of the time period for the plaintiff to file a motion39 challenging the removal, whichever occurs first; and40 S. B. 292 - 2 - 25 LC 49 2036 (5) In garnishment proceedings, in the county of this state in which is located the41 corporate office or place of business where the employee who is the defendant in the42 main action is employed.43 (c) Any residences established by this Code section shall be i n addition to, and not in44 limitation of, any other residence that any domestic or foreign corporation may have by45 reason of other laws.46 (d) Whenever this chapter either requires or permits a proceed ing to be brought in the47 county where the registered office of the corporation is mainta ined, if the proceeding is48 against a corporation having a principal office as required under a prior general corporation49 law, the action or proceeding may be brought in the county wher e the principal office is50 located.51 (e) Notwithstanding any provision to the contrary in this chap ter that either requires or52 permits a proceeding to be brought in the county where the registered office of a domestic53 corporation is maintained, if the proceeding is against a domestic corporation maintaining54 a principal place of business in this state that is separate an d distinct from the registered55 office maintained by such domestic corporation, then such domestic corporation shall be56 deemed to reside and to be subject to venue in the county in Georgia where the defendant57 maintains such principal place of business. For purposes of th is subsection, no58 determination as to the location of a domestic corporation's principal place of business shall59 be based exclusively on the location of the residence or busine ss office of such60 corporation's registered agent."61 SECTION 2.62 This Act shall become effective on July 1, 2025, and shall appl y to all causes of action63 accruing on or after such date.64 S. B. 292 - 3 - 25 LC 49 2036 SECTION 3.65 All laws and parts of laws in conflict with this Act are repealed.66 S. B. 292 - 4 -