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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS |
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Chapter 3. NONPROFIT CORPORATIONS |
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Article 16. RECORDS AND REPORTS |
| Part 1. RECORDS |
| § 14-3-1601. Required corporate records |
| § 14-3-1602. Members' right to copy and inspect records |
| § 14-3-1603. Scope of inspection right |
| § 14-3-1604. Court-ordered inspection |
| § 14-3-1605. Use of membership list |
| Part 2. REPORTS |
| § 14-3-1620. Furnishing financial statements to members |
| § 14-3-1621. Report to members of indemnification or advance of expenses |
| § 14-3-1622. Annual registration of corporation |
REFS & ANNOS
TITLE 14 Chapter 3 Article 16 NOTE
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, § 22-2612, are included in the annotations for this Code section.
REQUIREMENT OF PROPER PURPOSE AND REASONABLE TIME SERVE AS SAFEGUARDS against abuse of inspection right. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
WHAT CONSTITUTES PROPER PURPOSE. --Element of proper purpose for inspection was satisfied where documents were sought in order to determine (1) whether proper records were being kept, (2) performance of management, and (3) condition of company. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
INSPECTION WITHIN ONE YEAR OF REQUEST NOT IMPROPER PURPOSE. --Standing alone, fact that members of nonprofit corporation had exercised their statutory right to inspect books at some time within a one-year period does not amount to evidence of improper purpose. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
CITED in Smooth Ashlar Grand Lodge v. Odom, 136 Ga. App. 812, 222 S.E.2d 614 (1975); Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981).
RESEARCH REFERENCES
AM. JUR. 2D. --6 Am. Jur. 2d, Associations and Clubs, § 4. 18A Am. Jur. 2d, Corporations, §§ 333, 334, 348-401, 419, 986. 18B Am. Jur. 2d, Corporations, §§ 1479, 1512.
C.J.S. --7 C.J.S., Associations, § 4. 18 C.J.S., Corporations, §§ 110, 332-338. 19 C.J.S., Corporations, §§ 505, 506.
ALR. --Stockholder's or officer's right to inspect books and records of corporation, 174 ALR 262.
Purposes for which stockholder or officer may exercise right to examine corporate books and records, 15 ALR2d 11.
Attorneys' fees and other expenses incident to controversy respecting internal affairs of corporation as charge against the corporation, 39 ALR2d 580.
Right of stockholder to have corporate books inspected by attorney, accountant, or other agent without stockholder's presence, 48 ALR3d 1072.
What corporate documents are subject to shareholder's right to inspection, 88 ALR3d 663.
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, § 22-2612, are included in the annotations for this Code section.
REQUIREMENT OF PROPER PURPOSE AND REASONABLE TIME SERVE AS SAFEGUARDS against abuse of inspection right. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
WHAT CONSTITUTES PROPER PURPOSE. --Element of proper purpose for inspection was satisfied where documents were sought in order to determine (1) whether proper records were being kept, (2) performance of management, and (3) condition of company. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
INSPECTION WITHIN ONE YEAR OF REQUEST NOT IMPROPER PURPOSE. --Standing alone, fact that members of nonprofit corporation had exercised their statutory right to inspect books at some time within a one-year period does not amount to evidence of improper purpose. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
CITED in Smooth Ashlar Grand Lodge v. Odom, 136 Ga. App. 812, 222 S.E.2d 614 (1975); Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981).
RESEARCH REFERENCES
AM. JUR. 2D. --6 Am. Jur. 2d, Associations and Clubs, § 4. 18A Am. Jur. 2d, Corporations, §§ 333, 334, 348-401, 419, 986. 18B Am. Jur. 2d, Corporations, §§ 1479, 1512.
C.J.S. --7 C.J.S., Associations, § 4. 18 C.J.S., Corporations, §§ 110, 332-338. 19 C.J.S., Corporations, §§ 505, 506.
ALR. --Stockholder's or officer's right to inspect books and records of corporation, 174 ALR 262.
Purposes for which stockholder or officer may exercise right to examine corporate books and records, 15 ALR2d 11.
Attorneys' fees and other expenses incident to controversy respecting internal affairs of corporation as charge against the corporation, 39 ALR2d 580.
Right of stockholder to have corporate books inspected by attorney, accountant, or other agent without stockholder's presence, 48 ALR3d 1072.
What corporate documents are subject to shareholder's right to inspection, 88 ALR3d 663.