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Official Code of Georgia Annotated

Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · Chapter 3. NONPROFIT CORPORATIONS · Article 1. GENERAL PROVISIONS · Part 6. POWERS OF ATTORNEY GENERAL

14-3-170. Powers and authority of Attorney General.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The Attorney General may petition the superior court:#

    1. (1)

      To enjoin the proposed unlawful conveyance, transfer, or assignment of assets of a charitable corporation in situations in which the transferee knew of its unlawfulness;#

    2. (2)

      To set aside the unlawful conveyance, transfer, or assignment of assets of a charitable corporation in situations in which the transferee knew of its unlawfulness;#

    3. (3)

      To dissolve a corporation that:#

      1. (A)

        Obtained its articles of incorporation through fraud;#

      2. (B)

        Was reinstated under Code Section 14-3-1422 through fraud; or#

      3. (C)

        Has exceeded or abused, and is continuing to exceed or abuse, the authority conferred upon it by law; or#

    4. (4)

      To compel accounting and restitution or other appropriate relief for violation of Code Sections 14-3-830, 14-3-842, 14-3-860 through 14-3-864, or 14-3-1301.#

  2. (b)

    In connection with any such proceeding or proposed proceeding, the Attorney General shall have the same power to investigate and issue subpoenas as he or she has with respect to investigations authorized under Code Section 45-15-17.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 14-3-170, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 66; Ga. L. 2023, p. 419, § 1-1/SB 148, effective July 1, 2023.

Amendments

The 2023 amendment, effective July 1, 2023, in subsection (a), substituted “assets of a charitable corporation in situations” for “assets of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 in situations” in paragraphs (a)(1) and (a)(2), deleted “or” at the end of subparagraph (a)(3)(A), added subparagraph (a)(3)(B), redesignated former subparagraph (a)(3)(B) as present subparagraph (a)(3)(C), and, in subparagraph (a)(3)(C), substituted “Has exceeded or abused, and is continuing to exceed or abuse, the authority” for “Has continued to exceed or abuse the authority”.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t14-(v12)-pdf.pdf, Volume V12, 2017 edition, 2025 supplement, pages 57 to 58; merge action: replaced; file SHA-256 b004123363dc.