§ 14-3-621 — Expulsion or suspension of members

Unless otherwise expressly provided in a corporation's articles of incorporation or bylaws or, in the case of a corporation in existence before July 1, 1991, by resolution of the directors or members adopted before that date: (1) No member of a corporation may be expelled or suspended, and no membership or memberships in such corporations may be terminated or suspended except pursuant to a procedure that is fair and reasonable and is carried out in good faith; (2) A procedure is fair and reasonable when either: (A) The articles or bylaws set forth a procedure that provides: (i) Not less than 15 days' prior written notice of the expulsion, suspension, or termination and the reasons therefor; and (ii) An opportunity for the member to be heard, orally or in writing, not less than five days before the effective date of the expulsion, suspension, or termination by a person or persons authorized to decide that the proposed expulsion, termination, or suspension not take place; or (B) It is fair and reasonable taking into consideration all of the relevant facts and circumstances; (3) Any written notice given by mail must be given by first-class or certified mail or statutory overnight delivery, return receipt requested, sent to the last address of the member shown on the corporation's records; (4) Any proceeding challenging an expulsion, suspension, or termination, including a proceeding in which defective notice is alleged, must be commenced within one year after the effective date of the expulsion, suspension, or termination; and (5) A member who has been expelled or suspended may be liable to the corporation for dues, assessments, or fees as a result of obligations incurred or commitments made prior to or during expulsion or suspension.

Legislative History

Amended by 2023 Ga. Laws 260,§ 1-1, eff. 7/1/2023.