Title 7, Chapter 1, Section 945
( 7-1-945)
In furtherance of its purposes and in addition to the powers now or
hereafter conferred on business corporations by the laws of this
state, the corporation shall, subject to the restrictions and
limitations contained in this Code section, have the following
powers: (1) To elect, appoint, and employ officers, agents, and employees; (2) To make contracts and incur liabilities for any of the
purposes of the corporation, provided that the corporation shall
not incur any secondary liability by way of the guaranty or
endorsement of the obligations of any person or corporation or in
any other manner; (3) To borrow money and to do all things necessary or desirable to
secure aid, assistance, loans, and other financing from its
members (whether as member loans or otherwise), from any lending
institution, or from any agency established under federal or state
law for any of the purposes of the corporation and to issue
therefor its bonds, debentures, notes, or other evidences of
indebtedness, whether secured or unsecured, and to secure the same
by mortgage, pledge, deed of trust, or other lien on its property,
franchise, rights, and privileges of every kind and nature or any
part thereof or interest therein without securing shareholder or
member approval; (4) To make loans to any small minority business and to establish
and regulate the terms and conditions with respect to any such
loans and the charges for interest and services connected
therewith; provided, however, that the corporation shall not
approve any application for a loan unless and until the small
minority business applying for said loan shall show that such
business has applied for the loan through ordinary lending
channels and that the loan has been refused by at least two
lending institutions that would be qualified by law to make such a
loan, it not being the intention of this article to take from any
lending institution any such loans or commitments as may be
desired by such organizations generally in the ordinary course of
their business; (5) To purchase, receive, hold, lease, or otherwise acquire and to
sell, convey, transfer, lease, or otherwise dispose of real and
personal property, together with such rights and privileges as may
be incidental and appurtenant thereto and the use thereof,
including, but not restricted to, any real or personal property
acquired by the corporation from time to time in the satisfaction
of debts or enforcement of obligations; (6) To acquire the good will, business rights, real and personal
property, and other assets or any part thereof or interest therein
of any small minority business and to assume, undertake, or pay
the obligations, debts, and liabilities of any such small minority
business; to acquire improved or unimproved real estate for the
purpose of constructing small minority business establishments
thereon or for the purposes of disposing of such real estate to
others for the construction of small minority business
establishments; and to acquire, construct or reconstruct, alter,
repair, maintain, operate, sell, convey, transfer, lease, or
otherwise dispose of small minority business establishments; (7) To acquire, subscribe for, own, sell, hold, assign, transfer,
mortgage, pledge, or otherwise dispose of the stock, shares,
bonds, debentures, notes, or other securities and evidences of
interest in or indebtedness of any small minority business and,
while the owner or holder thereof, to exercise all the rights,
powers, and privileges of ownership, including the right to vote
thereon; (8) To mortgage, pledge, or otherwise encumber any property,
right, or thing of value, acquired pursuant to the powers
contained in paragraph (5), (6), or (7) of this Code section, as
security for the payment of any part of the purchase price
therefor; (9) To cooperate with and avail itself of the facilities of the
United States Department of Commerce, the Department of Industry,
Trade, and Tourism, and any other similar state or federal
governmental agencies and to cooperate with and assist and
otherwise encourage organizations in the various communities of
this state in the promotion, assistance, and development of small
minority business and the economic well-being of such communities
or of this state or any political subdivision thereof; (10) To redeem or otherwise reacquire its shares under the
circumstances and subject to the restrictions now or hereafter set
forth for business corporations by the laws of this state; (11) To make, amend, and repeal bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the corporation,
which bylaws may establish internal governance procedures and
standards, including, but not limited to, procedures for voting by
proxy at and for giving notice of meetings of directors and of
shareholders and members and the delegation by the board of
directors of its authority under the articles of incorporation and
this article to one or more committees of the board or to officers
of the corporation, and which bylaws may give the board of
directors or committees thereof the power to pass resolutions
necessary or convenient to carry out the purposes of the
corporation; (12) To contract with the Small Business Development Centers of
the University System of Georgia and economic development centers
of other colleges and universities, which centers shall also be
authorized to contract with the corporation, for the performance
of loan application and packaging functions, market studies, and
such other activities necessary or convenient to carry out the
purposes of the corporation; (13) To provide technical assistance for both public and private
sources of contract opportunities for small minority businesses; (14) To provide equity funding as authorized for Minority
Enterprise Small Business Investment Corporations through the
federal Small Business Administration; (15) To provide for import and export financing for small minority
businesses; and
(16) To do all acts and things necessary or convenient to carry
out the powers expressly granted in this article. |