---
title: O.C.G.A. § 46-3-364. Time of effectiveness of amendment; effect of amendment on pending causes of action.
collection: code
id: 46-3-364
cite_as: O.C.G.A. § 46-3-364 (2025)
canonical_url: https://georgiacommons.org/code/46-3-364
md_url: https://georgiacommons.org/code/46-3-364.md
text_url: https://georgiacommons.org/code/46-3-364/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=320
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.
up: https://georgiacommons.org/code/46-3.md
previous: https://georgiacommons.org/code/46-3-363.md
next: https://georgiacommons.org/code/46-3-365.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / ELECTRICAL SERVICE / ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES / AMENDMENT AND RESTATEMENT OF ARTICLES OF INCORPORATION OF ELECTRIC MEMBERSHIP CORPORATIONS
---

# O.C.G.A. § 46-3-364. Time of effectiveness of amendment; effect of amendment on pending causes of action.

(a) If the Secretary of State issues a certificate of amendment, the amendment shall become effective as of the time of delivery to the Secretary of State of the articles of amendment so certified; and the articles of incorporation shall be deemed to be amended accordingly.

(b) No amendment shall affect any existing cause of action in favor of or against such electric membership corporation, or any pending action to which such electric membership corporation is a party, or the existing rights of persons other than members; and, in the event the corporate name is changed by amendment, no action brought by or against such electric membership corporation under its former name shall abate for that reason.

## History

Code 1933, § 34C-905, enacted by Ga. L. 1981, p. 1587, § 1.