State-Dissolved Church Not Liable For Note Executed in its Name
Court says new corporation with same name was not authorized to enter into transaction
An administratively dissolved church corporation is not liable for a note and mortgage on its property executed by a member of the church who incorporated a new entity with the same name but was not authorized to make the transaction, according to the Court of Appeals of Georgia. ( Macedonia Baptist Church of Atlanta v. LIB Properties, No. A10A1736, 2/9/11 .) The Macedonia Baptist Church of Atlanta, Inc. was originally incorporated as a nonprofit corporation in 2001 and acquired title to its church property from the previously unincorporated church association. In 2005, the corporation was administratively dissolved by the Secretary of State for failure to pay required fees.
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