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Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 91. PUBLIC WORKS BIDDING · Article 3. BONDS · Part 2. BID BONDS

36-91-53. Forfeit of security by affiliated corporation.

Active

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

  1. (a)

    As used in this Code section, the term:#

    1. (1)

      “Affiliated corporation” means, with respect to any corporation, any other corporation related thereto:#

      1. (A)

        As a parent corporation;#

      2. (B)

        As a subsidiary corporation;#

      3. (C)

        As a sister corporation;#

      4. (D)

        By common ownership or control; or#

      5. (E)

        By control of one corporation by the other.#

    2. (2)

      The term “bid” includes proposals.#

  2. (b)

    In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.#

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, § 36-91-44, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, § 36-91-53, as redesignated by Ga. L. 2001, p. 820, § 12.

Law reviews

For article, “Constraining Corporate Law Principles in Affiliate World,” see 72 Emory L. J. 855 (2023).

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

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

Text read from t36-ch60-92-(v27a)-2025-pdf.pdf, Volume V27A, 2025 edition, pages 643 to 644; merge action: bound only; file SHA-256 5150ee8c60f7.