This bill, effective 7/1/2023, makes numerous changes to Georgia’s non-profit corporation statutes including:
• Repealing the statutory requirement for non-profit corporations to include one exact or conformed copy when submitting filings to the Secretary of State. Instead, the bill gives the Secretary of State the authority to decide whether copies are required.
• Adding a $95 filing fee for non-profit conversions to the Secretary of State’s filing fee schedule.
• Clarifying the process for appealing rejected filings for non-profit corporations. If the Secretary of State refuses to file a document, the document may be resubmitted within 30 days if accompanied by an opinion from a practicing attorney in the state stating why the re-submitted document conforms to law and the authorities upon which the opinion is based.
• Permitting non-profit corporation filings to be signed by an attorney in fact.
• Stating that a registered agent who resigns on a non-profit corporation ceases to have any responsibility for any matter tendered to it as the non-profit’s registered agent once the resignation has taken effect.
• Allowing a non-profit corporation’s registered agent to resign regardless of whether the non-profit corporation is entitled at the time to a certificate of existence or authority.
• Requiring foreign non-profit corporations who convert to an LLC or LP to notify the Secretary of State of the conversion no later than 30 days after the conversion.
You can find more information, including the text of the bill, on the Georgia General Assembly website at Georgia General Assembly – SB 148 (ga.gov).