Georgia 2025-2026 Regular Session

Georgia Senate Bill SB292 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 49 2036
2	2	Senate Bill 292
3	3	By: Senators Jones of the 10th and Davenport of the 17th
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	To amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia
7	7	1
8	8	Annotated, relating to venue relative to business corporations, so as to provide that certain2
9	9	domestic corporations maintaining a principal place of business in Georgia shall be deemed3
10	10	to reside and to be subject to venue in the county in Georgia where the defendant maintains4
11	11	such principal place of business; to provide for determinations regarding the principal place5
12	12	of business for certain domestic corporations; to provide for statutory construction; to6
13	13	provide for related matters; to provide for an effective date and applicability; to repeal7
14	14	conflicting laws; and for other purposes.8
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
16	16	SECTION 1.10
17	17	Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated,11
18	18	relating to venue relative to business corporations, is amended by revising Code Section12
19	19	14-2-510, relating to venue, as follows:13
20	20	S. B. 292
21	21	- 1 - 25 LC 49 2036
22	22	"14-2-510.
23	23	14
24	24	(a) Venue in proceedings against a corporation shall be determined in accordance with the15
25	25	pertinent constitutional and statutory provisions of this state in effect as of July 1, 1989, or16
26	26	thereafter.17
27	27	(b) Each domestic corporation and each foreign corporation authorized to transact business18
28	28	in this state shall be deemed to reside and to be subject to venue as follows:19
29	29	(1) In civil proceedings generally, in the county of this state where the corporation20
30	30	maintains its registered office; or if the corporation fails to maintain a registered office,21
31	31	it shall be deemed to reside in the county where its last named registered office or22
32	32	principal office, as shown by the records of the Secretary of State, was maintained;23
33	33	(2) In actions based on contracts, in that county in this state where the contract to be24
34	34	enforced was made or is to be performed, if the corporation has an office and transacts25
35	35	business in that county;26
36	36	(3) In actions for damages because of torts, wrong, or injury done, in the county where27
37	37	the cause of action originated, if the corporation has an office and transacts business in28
38	38	that county;29
39	39	(4) In actions for damages because of torts, wrong, or injury done, in the county where30
40	40	the cause of action originated. If venue is based solely on this paragraph, the defendant31
41	41	shall have the right to remove the action to the county in Georgia where the defendant32
42	42	maintains its principal place of business. A notice of removal shall be filed within 4533
43	43	days of service of the summons. Upon motion by the plaintiff filed within 45 days of the34
44	44	removal, the court to which the case is removed may remand the case to the original court35
45	45	if it finds that removal is improper under the provisions of this paragraph. Upon the36
46	46	defendant's filing of a notice of removal, the 45 day time period for filing such notice37
47	47	shall be tolled until the remand, the entry of an order by the court determining that the38
48	48	removal is valid, or the expiration of the time period for the plaintiff to file a motion39
49	49	challenging the removal, whichever occurs first; and40
50	50	S. B. 292
51	51	- 2 - 25 LC 49 2036
52	52	(5) In garnishment proceedings, in the county of this state in which is located the
53	53	41
54	54	corporate office or place of business where the employee who is the defendant in the42
55	55	main action is employed.43
56	56	(c) Any residences established by this Code section shall be in addition to, and not in44
57	57	limitation of, any other residence that any domestic or foreign corporation may have by45
58	58	reason of other laws.46
59	59	(d) Whenever this chapter either requires or permits a proceeding to be brought in the47
60	60	county where the registered office of the corporation is maintained, if the proceeding is48
61	61	against a corporation having a principal office as required under a prior general corporation49
62	62	law, the action or proceeding may be brought in the county where the principal office is50
63	63	located.51
64	64	(e) Notwithstanding any provision to the contrary in this chapter that either requires or
65	65	52
66	66	permits a proceeding to be brought in the county where the registered office of a domestic53
67	67	corporation is maintained, if the proceeding is against a domestic corporation maintaining54
68	68	a principal place of business in this state that is separate and distinct from the registered55
69	69	office maintained by such domestic corporation, then such domestic corporation shall be56
70	70	deemed to reside and to be subject to venue in the county in Georgia where the defendant57
71	71	maintains such principal place of business. For purposes of this subsection, no58
72	72	determination as to the location of a domestic corporation's principal place of business shall59
73	73	be based exclusively on the location of the residence or business office of such60
74	74	corporation's registered agent."61
75	75	SECTION 2.62
76	76	This Act shall become effective on July 1, 2025, and shall apply to all causes of action63
77	77	accruing on or after such date.64
78	78	S. B. 292
79	79	- 3 - 25 LC 49 2036
80	80	SECTION 3.
81	81	65
82	82	All laws and parts of laws in conflict with this Act are repealed.66
83	83	S. B. 292
84	84	- 4 -