Strengthening the Georgia Business Judgment Rule

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Yesterday, May 9, 2017, Governor Nathan Deal signed HB 192 into law, amending the Georgia Business Corporation Code and corresponding provisions in the Financial Institutions Code of Georgia. HB 192 strengthens and clarifies the business judgment rule applicable to Georgia corporations and financial institutions by confirming that, when courts consider claims regarding directors’ and officers’ decision-making processes, the relevant standard for liability is gross negligence.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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