As used in this article, the term “nonresident” includes an individual, or a partnership, association, or other legal or commercial entity (other than a corporation) not residing, domiciled, organized, or existing in this state at the time a claim or cause of action under Code Section 9-10-91 arises, or a corporation which is not organized or existing under the laws of this state and is not authorized to do or transact business in this state at the time a claim or cause of action under Code Section 9-10-91 arises. The term “nonresident” shall also include an individual, or a partnership, association, or other legal or commercial entity (other than a corporation) who, at the time a claim or cause of action arises under Code Section 9-10-91, was residing, domiciled, organized, or existing in this state and subsequently becomes a resident, domiciled, organized, or existing outside of this state as of the date of perfection of service of process as provided by Code Section 9-10-94.
§ 9-10-90.“Nonresident” defined
Chapter 10. Civil Practice and Procedure Generally · Article 4. Personal Jurisdiction over Nonresidents · Last amended 1977 · Last verified July 17, 2026
In one sentenceDefines “nonresident” for Georgia’s long-arm article to include individuals and entities not domiciled, organized, or existing in Georgia when a claim arises, plus corporations that are neither organized under Georgia law nor authorized to do business here, and even former Georgia residents who relocate out of state before being served under Code Section 9-10-94.
Full Text of § 9-10-90
Plain-English Summary
This section supplies the definition that makes Georgia’s long-arm statute work. Before a court can decide whether it has power over an out-of-state defendant under Code Section 9-10-91, it first has to know who counts as a “nonresident.” This section answers that question broadly, covering individuals, partnerships, associations, and other entities that were not living, domiciled, organized, or operating in Georgia when the claim arose, along with corporations that were neither organized under Georgia law nor licensed to do business here at that time.
The definition also closes an obvious loophole: what about someone who lived in Georgia when the dispute began but moved away before the lawsuit caught up with them? The section treats that person as a nonresident too, measured as of the date service of process is completed under Code Section 9-10-94, not the date the claim arose. That timing detail matters — a defendant cannot dodge the long-arm statute by leaving the state, nor can a Georgia resident who never left be swept into it by mistake.
In practice, lawyers reach for this definition first, before ever asking whether one of the six jurisdictional grounds in Code Section 9-10-91 applies. Get the “nonresident” label wrong, and the rest of the long-arm analysis never gets off the ground.
Frequently Asked Questions
Who counts as a “nonresident” under this section?
An individual, partnership, association, or other legal or commercial entity that was not residing, domiciled, organized, or existing in Georgia when the claim arose, or a corporation that was neither organized under Georgia law nor authorized to do business in Georgia at that time.
Does the definition treat corporations differently from individuals and other entities?
Yes. Individuals, partnerships, and associations are measured by residence, domicile, or where they were organized, while corporations are measured by where they were incorporated and whether they were authorized to transact business in Georgia.
What if someone lived in Georgia when the claim arose but later moved away?
The section still treats that person as a nonresident, based on their status as of the date service of process is perfected under Code Section 9-10-94, so leaving the state after a claim arises does not put a defendant outside the long-arm statute’s reach.
Why does this definition matter in a lawsuit?
A court cannot apply the jurisdictional grounds in Code Section 9-10-91 until it first determines the defendant qualifies as a nonresident under this section, so the definition is the threshold question in any long-arm case.
Does this definition apply throughout the whole Civil Practice Act?
No. By its own terms it applies “as used in this article,” meaning Article 4 on personal jurisdiction over nonresidents, not the Civil Practice Act as a whole.
Amendment History
Ga. L. 1968, p. 1419, § 2; Ga. L. 1977, p. 586, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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