Georgia Statutes

§ 14-3-741 — Standing

Georgia·Title 14
(a)A derivative proceeding may be brought by:
(1)Any director;
(2)Any member or members having 5 percent or more of the voting power; or (3) Fifty or more members, regardless of voting power.
(b)A member may not commence or maintain a derivative proceeding unless the member:
(1)Was a member of the corporation at the time of the act or omission complained of or became a member through transfer by operation of law from one who was a member at that time; and (2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation.

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Related

Dunn v. Ceccarelli
489 S.E.2d 563 (Court of Appeals of Georgia, 1997)
18 case citations
Holmes v. Peebles
554 S.E.2d 566 (Court of Appeals of Georgia, 2001)
9 case citations

Legislative History

Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024. Amended by 2023 Ga. Laws 260,§ 1-1, eff. 7/1/2023.

Nearby Sections

15
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