Section 18-2-85 - Transfers to charitable organizations; statute of limitations

(a) As used in this Code section, the term: (1) 'Charitable organization' means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.(2) 'Private foundation' shall have the same meaning as set forth in 26 U.S.C. Section 509(a).(b) A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.(c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.Renumbered from § 18-2-81 and amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.Added by 2013 Ga. Laws 328,§ 1, eff. 7/1/2013.

(a) As used in this Code section, the term: (1) 'Charitable organization' means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or family trust.(2) 'Private foundation' shall have the same meaning as set forth in 26 U.S.C. Section 509(a).(b) A transfer made to a charitable organization shall be considered voidable only if it is established that a voidable transfer has occurred as described in Code Section 18-2-74 or 18-2-75, and such charitable organization had actual or constructive knowledge of the voidable nature of the transfer.(c) The statute of limitations for a civil action with respect to a voidable transfer to a charitable organization under this Code section shall be within two years after such transfer was made.Renumbered from § 18-2-81 and amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.Added by 2013 Ga. Laws 328,§ 1, eff. 7/1/2013.