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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 2. DEBTOR AND CREDITOR RELATIONS · Article 4. UNIFORM VOIDABLE TRANSACTIONS ACT

18-2-85. Transfers to charitable organizations; statute of limitations.

Active

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

  1. (a)

    As used in this Code section, the term:#

    1. (1)

      “Charitable organization” means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.#

    2. (2)

      “Private foundation” shall have the same meaning as set forth in 26 U.S.C. Section 509(a).#

  2. (b)

    A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.#

  3. (c)

    The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.#

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, § 18-2-81, enacted by Ga. L. 2013, p. 1045, § 1/SB 105; Code 1981, § 18-2-85, as redesignated by Ga. L. 2015, p. 996, § 4A-1/SB 65.

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 t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 114; merge action: carried; file SHA-256 eddc877da9f2.