Official Code of Georgia Annotated

Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · Chapter 5. MISCELLANEOUS PROVISIONS RELATING TO CORPORATIONS · Article 1. GENERAL PROVISIONS

14-5-4. Corporate existence not subject to collateral attack by person dealing with corporation.

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

The existence of a corporation claiming a charter under color of law cannot be collaterally attacked by persons who have dealt with it as a corporation. Such persons are estopped from denying its corporate existence.

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.

Civil Code 1895, § 1862; Civil Code 1910, § 2226; Code 1933, § 22-714; Code 1933, § 22-5103, enacted by Ga. L. 1968, p. 565, § 1.

For survey article on business associations, see 34 Mercer L. Rev. 13 (1982).

History of Code section.: The language of this Code section is derived in part from the decisions in Killet v. State, 32 Ga. 292 (1861); Imboden v. Etowah & Battle Branch Mining Co., 70 Ga. 86 (1883); and Rogers v. Toccoa Power Co., 161 Ga. 524, 131 S.E. 517 (1926).

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

Text read from t14-(v12)-2017-pdf.pdf, Volume V12, 2017 edition, page 821; merge action: carried; file SHA-256 f2fad2b71b39.