---
title: O.C.G.A. § 46-8-40. Grant of corporate powers and privileges to railroad companies by Secretary of State; procedure in case of disqualification of Secretary of State.
collection: code
id: 46-8-40
cite_as: O.C.G.A. § 46-8-40 (2025)
canonical_url: https://georgiacommons.org/code/46-8-40
md_url: https://georgiacommons.org/code/46-8-40.md
text_url: https://georgiacommons.org/code/46-8-40/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=682
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.
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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 / RAILROAD COMPANIES / INCORPORATION AND CONSOLIDATION OF RAILROAD COMPANIES AND REQUIREMENTS AS TO DIRECTORS AND OFFICERS / INCORPORATION, ORGANIZATION, SUBSCRIPTION OF CAPITAL STOCK, SELECTION OF OFFICERS AND DIRECTORS
---

# O.C.G.A. § 46-8-40. Grant of corporate powers and privileges to railroad companies by Secretary of State; procedure in case of disqualification of Secretary of State.

All corporate powers and privileges of railroad companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions expressed in and subject to all the provisions of this chapter and of the Constitution of Georgia. If by reason of interest in the proposed corporation the Secretary of State is disqualified, the duties required to be performed by the Secretary of State shall be performed by the Commissioner of Insurance.

## History

Ga. L. 1880-81, p. 156, § 1; Code 1882, § 1689a; Ga. L. 1882-83, p. 135, § 1; Civil Code 1895, § 2159; Civil Code 1910, § 2577; Code 1933, § 94-101; Ga. L. 1986, p. 855, § 26.