---
title: O.C.G.A. § 14-2-1108. Merger or share exchange with corporations chartered by Secretary of State under other provisions.
collection: code
id: 14-2-1108
cite_as: O.C.G.A. § 14-2-1108 (2025)
canonical_url: https://georgiacommons.org/code/14-2-1108
md_url: https://georgiacommons.org/code/14-2-1108.md
text_url: https://georgiacommons.org/code/14-2-1108/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t14-(v12)-2017-pdf.pdf?sfvrsn=507372ea_0#page=405
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS / BUSINESS CORPORATIONS / MERGER AND SHARE EXCHANGE / MERGER AND SHARE EXCHANGE
---

# O.C.G.A. § 14-2-1108. Merger or share exchange with corporations chartered by Secretary of State under other provisions.

(a) Unless prohibited by the laws of this state, banking, insurance, railroad, trust, canal, navigation, express, and telegraph companies, and other corporations whose charters have been granted by the Secretary of State under provisions other than this chapter, may merge or engage in a share exchange with corporations that are subject to this chapter.

(b) Each merging or exchanging corporation shall comply with all the provisions of this chapter relating to mergers or share exchanges, as the case may be, except that, if the laws which govern a merging or exchanging corporation chartered by the Secretary of State under provisions other than the provisions of this chapter contain provisions relating to merger or share exchange which conflict with this chapter, that corporation shall follow the provisions of the laws to which it is subject.

(c) If the surviving corporation in a merger is to be one which could be organized under this chapter, the time and effectiveness and the effect of the merger shall be as provided in this chapter. If the surviving corporation is to be one which could not be organized under this chapter, the time of effectiveness and the effect of the merger shall be as provided in this chapter except insofar as the laws of this state to which the surviving corporation shall be subject otherwise provide.

## History

Code 1981, § 14-2-1108, enacted by Ga. L. 1988, p. 1070, § 1.

## Cross References

Secretary of State corporations generally, § 14-4-1 et seq.