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HB 369 - Corporations; amend venue provisions

Martin, Jim (47th)	Bordeaux, Tom (151st)	Allen, Ben (117th)
Teper, Doug (61st)

Status Summary	HC:	Judy	SC:		FR:	02/01/99	LA:	02/02/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations; and for other purposes.

Code Sections - 14-2-510

HB 369                                             LC 22 3423 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 2 of Article 5 of Chapter 2 of Title 14 of the 
  1- 2  Official Code of Georgia Annotated, relating to venue 
  1- 3  regarding business corporations, so as to change venue 
  1- 4  provisions relating to corporations; to repeal conflicting 
  1- 5  laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Part 2 of Article 5 of Chapter 2 of Title 14 of the Official 
  1- 9  Code of Georgia Annotated, relating to venue regarding 
  1-10  business corporations, is amended by striking in its 
  1-11  entirety Code Section 14-2-510, relating to venue, and 
  1-12  inserting in its place the following: 
 
  1-13    "14-2-510. 
 
  1-14    (a) Venue in proceedings against a corporation shall be 
  1-15    determined in accordance with the pertinent constitutional 
  1-16    and statutory provisions of this state in effect as of 
  1-17    July 1, 1989, or thereafter. 
 
  1-18    (b) Each For the purpose of determining venue, each 
  1-19    domestic corporation and each foreign corporation 
  1-20    authorized to transact business in this state shall be 
  1-21    deemed to reside and to be subject to venue as follows: 
 
  1-22      (1) In civil For purposes of proceedings generally, in 
  1-23      the county of this state where the corporation maintains 
  1-24      its registered office is maintained,; or if the 
  1-25      corporation fails to maintain a registered office, it 
  1-26      shall be deemed to reside in the county in this state 
  1-27      where its last named registered office or principal 
  1-28      office, as shown by the records of the Secretary of 
  1-29      State, was maintained; 
 
  1-30      (2) In actions For purposes of proceedings based on 
  1-31      contracts contract, in that county in which of this 
  1-32      state where the contract sought to be enforced was made 
  1-33      or is to be performed, if it the corporation has an 
 
 
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  2- 1      office and or transacts business in that county, and may 
  2- 2      be sued; 
 
  2- 3      (3) In actions For purposes of proceedings for damages 
  2- 4      because of torts, wrong, or injury done, in the county 
  2- 5      where the 
 
  2- 6        (A) The cause of action originated, if the; 
 
  2- 7        (B) One or more plaintiffs reside at the time of the 
  2- 8        filing of the complaint; 
 
  2- 9        (C) The corporation has an office and; or 
 
  2-10        (D) The corporation transacts business in that county; 
  2-11        and 
 
  2-12      (4) In For purposes of garnishment proceedings, in the 
  2-13      county of this state in which is located the corporate 
  2-14      office or place of business where the employee who is 
  2-15      the defendant in the main action is employed. 
 
  2-16    (c) A corporation is deemed to transact business in a 
  2-17    county whenever it regularly solicits customers for or 
  2-18    derives substantial revenue from the sale or use of its 
  2-19    goods or services in the county or otherwise engages in a 
  2-20    regular course of business activity in the county. 
 
  2-21    (c)(d) Any residences established by this Code section 
  2-22    shall be in addition to, and not in limitation of, any 
  2-23    other residence that any domestic or foreign corporation 
  2-24    may have by reason of other laws. 
 
  2-25    (d)(e) Whenever this chapter either requires or permits a 
  2-26    proceeding to be brought in the county where the 
  2-27    registered office of the corporation is maintained, if the 
  2-28    proceeding is against a corporation having a principal 
  2-29    office as required under a prior general corporation law, 
  2-30    the action or proceeding may be brought in the county 
  2-31    where the principal office is located." 
 
  2-32                           SECTION 2. 
 
  2-33  All laws and parts of laws in conflict with this Act are 
  2-34  repealed. 
 
 
 
 
 
 
 
 
 
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