reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  14-9-1102,   14-9-1103.
Subsequent ER adoptions
				 of Rule filed by Agency; see "Admin. Hist."
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.06 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All
				applications, certificates of filing of limited partnerships, dissolutions,
				amendments, annual registrations, records, and other documents filed with the
				Secretary of State pursuant to the various provisions of the Code shall be
				printed or typed on white paper with blue or black ink only, and said paper
				shall not exceed letter size measurement of 8 1/2" by 11".
(2) All applications, certificates of filing
				of limited partnerships, dissolutions, amendments, annual registrations,
				records, and other documents filed with the Secretary of State pursuant to the
				various provisions of the Code may be maintained in original form or by means
				of microfilm, microfiche, microphotographic reproduction, photographic
				reproduction, word processing, computerization, optical disk, electronic disk
				or diskette storage or other acceptable reproductive methods.
(3) The Secretary of State, after
				verification of the partnership documents to the automated database maintained
				by the Secretary of State, may rely on such automated database for the purpose
				of providing corporate information, certifications, and the issuance of limited
				partnership name certificates.
(4)
				The Secretary of State will maintain active records of limited partnerships
				annual registrations for a period of five (5) years and will provide
				information from, and copies of, such annual registrations during such period.
				The Secretary of State shall not provide information from or copies of annual
				registrations on file for more than five (5) years.
(5) The Secretary of State shall maintain the
				integrity of the automated database in accordance with standards prescribed by
				the Georgia Department of Administrative Services (DOAS) and Georgia laws. In
				the event of a malfunction in the electronic equipment, or errors in the
				software programs, the Secretary of State shall not be liable for the release
				of incorrect corporate or limited partnership data or the issuance of a limited
				partnership name certificate that is not distinguishable from another limited
				partnership filed pursuant to the Code.
(6) Any photographic, microphotographic,
				optical disk, or computer reproduction of any original writing or record filed
				with or maintained by the Secretary of State or by a Records Depository
				approved by the Secretary of State shall be deemed to have been made in the
				regular course of business. Such reproduction shall be subject to certification
				pursuant to the Code.
O.C.G.A. §§
										14-9-1102 and 
				  14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.08 - Expedited Processing

Current through Rules and Regulations filed through June 27, 2024
(1) Counter pickups of documents and
				certificates shall not be allowed unless expedited processing is requested and
				approved.
(2) Expedited processing
				of filings and the issuance of certificates will be provided if the applicant
				provides the Secretary of State a request for expedited processing is
				accompanied by the payment of charges set forth in the fee schedule published
				and maintained by the Secretary of State, in addition to the applicable filing
				or service fee.
(3) For filings
				submitted to the Division by mail, the expedited processing fee shall be paid
				by United States Postal Service money order, certified check, or cashier's
				check. For filings hand-delivered to the Division, the expedited processing fee
				shall be paid by United States Postal Service money order, certified check, or
				cashier's check, or by a credit card accepted by the Division. For filings
				electronically transmitted to the Division, the expedited processing fee shall
				be paid by a credit card accepted by the Division.
(4) The Secretary of State will provide
				expedited processing if he or she determines the request to be valid and in
				proper form. An expedited request will be considered to have been completed
				when the filing has been accepted or rejected for filing and supporting
				documentation has been forwarded to the filer. An expedited request for the
				issuance of certificates will be considered to have been completed when the
				certificate request is processed or rejected and supporting documentation has
				been forwarded to the requestor.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.09 - Dishonored Payments

Current through Rules and Regulations filed through June 27, 2024
(1) Checks or other forms of payment returned
				to the Commissioner because of nonpayment and/or charge backs of credit card or
				debit card payments (hereinafter referred to as the "dishonored" or "dishonored
				payment") shall be processed according to the following procedures:
(a)
Pending Filings
.
1. The filing and/or the entity for which the
				filing was made shall be placed in a "pending," "hold," or similar status and
				the nonpayment of fees noted upon the records of the Secretary of
				State;
2. A notice of nonpayment
				demanding immediate payment shall be issued to the entity or person who
				submitted the payment;
3. If
				payment is not received within sixty (60) calendar days from the date of notice
				of nonpayment, the filing will be deemed abandoned as provided in Rule
				 590-7-12-.05; and
4. If the filing is deemed abandoned, all
				records pertaining to the filing will be destroyed and a new filing, including
				the payment of filing fees, shall be required. Any filing fees submitted with
				the new filing may be required to be paid by cashier's check or United States
				Postal Service money order.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.10 - Refunds

Current through Rules and Regulations filed through June 27, 2024
(1) Notwithstanding
				Rule
				 590-7-10-.01, and for purposes of
				this Rule only, an "applicant" shall mean the party who submits a written
				request for refund to the Commissioner and is the original payor, the proper
				legal entity of the original payor, or its legally authorized
				representative.
(2) An applicant
				shall be refunded all fees in an amount which has been determined to have been
				paid in error, less deduction of an amount as otherwise provided in this Rule.
				Payment of any refund amount shall be made interest free. Each request shall be
				made in writing and submitted in a manner as required by the Commissioner and
				shall contain such information as the Commissioner may deem as reasonably
				necessary, which may include applicant's name, date of request, applicant's
				contact information, reason for refund, original amount paid, and signature.
				All requests for refund must be made by the applicant or an authorized
				representative. It is the sole responsibility of the applicant to provide all
				documentation supporting the request for refund.
(3) For request for refund to be valid, it
				must be complete with all supporting documents and submitted within six (6)
				months of the date of the original payment. No request for refund that is
				incomplete with missing information or supporting documentation or that is made
				beyond the expiration of six (6) months following the date of the original
				payment shall be processed.
(4) All
				completed refund requests shall be processed by the Commissioner, or his or her
				delegate, and shall be submitted for review and payment as soon as reasonably
				possible following receipt of the completed request. Notwithstanding the
				foregoing, the Commissioner may initiate the refund process in the event that a
				billing error is discovered in absence of an applicant's request for
				refund.
(5) Upon review of the
				request for refund and supporting documentation, the Commissioner may authorize
				payment of the requested amount, refund a lesser amount, or reject the request
				if the facts of the matter support such a conclusion.
(6) In the event there is an outstanding
				balance of unpaid fees owed by the applicant, the Commissioner is authorized to
				offset any refund amounts as payment for such unpaid fees and any
				costs.
(7) All refunds must be made
				payable in the name of the original applicant.
(8) Once a refund is paid to an applicant,
				the matter shall be considered final and the Commissioner shall not accept any
				new request for refund relating to the same matter.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.11 - Compliance with Filing Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Any limited partnership or foreign
				limited partnership that files for cancellation, withdrawal, or merger out of
				existence between January 1 and April 1 of any year must file an annual
				registration for that calendar year and pay the required fees; provided,
				however, that an annual registration is not required to be filed if the limited
				partnership is applying for cancellation, withdrawal, or merger out of
				existence in the same calendar year that it was formed or authorized to
				transact business in Georgia.
(2)
				Any document or transaction that is filed by a limited partnership or foreign
				limited partnership after April 1 of a calendar year must be accompanied by any
				currently or previously due annual registration.
(3) A certificate of limited partnership that
				is submitted for filing by an entity converting to or electing to become a
				limited partnership shall not be accepted by the Secretary of State unless said
				entity has paid all fees and penalties required by the Code and the Rules,
				including annual registration fees.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-10 - LIMITED PARTNERSHIPS-RULES OF GENERAL APPLICABILITY › Rule 590-7-10-.12 - Registered Office and Registered Agent

Current through Rules and Regulations filed through June 27, 2024
(1)
Registered Office.
The
				registered office must be a street address in Georgia where service of process
				may be served on the registered agent. The registered office address may not be
				a post office box, post office drawer, mail drop, or rural route, unless the
				address is also accompanied by a physical address of the exact location of the
				registered office where the registered agent can be personally served with
				process. The registered office may, but need not be, the limited partnership's
				principal office or its place of business.
(2)
Registered Agent.
The legal
				name of the registered agent at the registered office of the limited
				partnership shall be provided to the Secretary of State. An entity may not
				serve as its own registered agent.
(3)
Unauthorized Appointment of
				Registered Agent.
A person listed on the records of the Secretary of
				State as the registered agent for an entity without that person's consent or
				authorization may file a Notice of Unauthorized Appointment of Registered Agent
				with the Secretary of State on a form provided by the Division. There is no fee
				for filing a Notice of Unauthorized Appointment of Registered Agent. If the
				Notice of Unauthorized Appointment of Registered Agent is accepted for filing
				by the Secretary of State, then the filed notice will be added to records of
				the entity maintained by the Secretary of State, the entity's registered office
				and registered agent information maintained on the Division's automated
				database will be updated accordingly, and the Division may send notification of
				the filing to the entity by mail or electronic methods, such as
				email.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.01 - Method of Reserving Limited Partnership Name

Current through Rules and Regulations filed through June 27, 2024
(1) A limited partnership name may be
				reserved by any person pursuant to the Georgia Revised Uniform Limited
				Partnership Act or any other statute providing for limited partnership filings
				with Secretary of State.
(2) A
				limited partnership name may be reserved pursuant to the Code in the following
				manner:
(a) By delivering an application for
				name reservation to the Secretary of State, Corporations Division, 2 Martin
				Luther King, Jr. Drive, Suite 313 West Tower, Atlanta, Georgia 30334;
(b) By mailing an application for name
				reservation to the Secretary of State at the address referred to in paragraph
				(2)(a) above; or
(c) By electronic
				transmission in the manner authorized by the Division on its website.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.02

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				 §§
											14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.03 - Limited Partnership Name

Current through Rules and Regulations filed through June 27, 2024
(1) A limited partnership name must contain
				the words "limited partnership" or the abbreviation "L.P.".
(2) A limited liability limited partnership
				must contain the words "limited liability limited partnership" or the
				abbreviation "L.L.L.P." or "LLLP". The word "Limited" may be abbreviated as
				"Ltd." or "Ltd".
(3) A limited
				partnership name or a limited liability limited partnership name may not
				contain the name of a limited partner unless:
(a) it is also the name of a general partner
				or the corporate name of a corporate general partner; or
(b) the business of the limited partnership
				has been carried on under that name before the admission of that limited
				partner.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.04 - Issuance of Name Reservation Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) Following application for a name
				reservation by any means available, if the name appears to be available, it
				will be reserved and a name certificate will be promptly sent by mail or by
				electronic methods, such as email, to the applicant. The applicant may not
				pickup a name certificate from the Division unless expedited processing is
				requested and authorized.
(2) A
				name reservation shall be valid for a nonrenewable period of thirty (30) days
				from the date of issuance of the name certificate.
(3) Within the thirty (30) day name
				reservation period, an applicant filing a certificate of limited partnership,
				certificate of amendment with a name change, or other similar document, may
				provide the Secretary of State with a name certificate or certification of the
				availability of a limited liability company name. The Secretary of State may
				accept a certification, verification, or confirmation number in lieu of a name
				certificate, provided the Secretary of State's records reveal that the name was
				reserved by the applicant.
(4) A
				name reservation may be transferred only by a signed written notice that
				complies with the requirements of the Code.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.05 - Distinguishable Names

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State will deny a request for a name
				 certificate or proposed entity name if such name is identical to or not
				 distinguishable from the name of any existing entity or active name reservation
				 on file and of record with the Secretary of State pursuant to Title 14 of the
				 Code. Without limiting the discretion of the Secretary of State to determine
				 that a name is not distinguishable, a requested name shall be deemed "not
				 distinguishable" from an existing entity name or active name reservation if the
				 difference between the names results from any one or more of the
				 following:
(a) An article (e.g. "a,"
				"an," "the");
(b) Plural or
				possessive forms of the same word;
(c) Phonetic spelling of the same name or
				word;
(d) A conjunction or
				disjunction (e.g. "and," "&," "or");
(e) An abbreviation in place of a complete
				spelling of the word or name;
(f) A
				suffix added to a word or any other deviation from or derivative of the same
				word;
(g) A change in a word or
				name indicating corporate or business entity status;
(h) The addition or omission of punctuation,
				symbols, special characters, or spaces;
(i) A symbol or special character in place of
				a word or name (e.g. "and" and "&"; "at" and "@"); and
(j) A numerical number in Arabic or Roman
				numeral(s) and the same number spelled out with letters of the
				alphabet.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.06 - Restricted Names

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State may refuse to
				grant a request for a name certificate or a proposed entity name if such
				requested name contains the name of any entity on file with the Secretary of
				State pursuant to Title 14 of the Code. A request for a name certificate or
				proposed entity name may be granted if the applicant obtains express written
				permission from the entity regarding the use of the name, and the names are
				otherwise distinguishable or the other entity files with the Secretary of State
				an appropriate document to change its name to a name that is distinguishable
				upon the records of the Secretary of State from the name of the applying
				limited partnership.
(2) The
				Secretary of State may refuse to grant a request for a name certificate or a
				proposed entity name if such requested name contains any word whose use is
				restricted by any provision of the Official Code of Georgia
				Annotated.
(3) The Secretary of
				State may restrict from use, require consent, or require further information
				before certain terms shall be used in a limited partnership or foreign limited
				partnership name. A list of said terms shall be posted in the same public
				access area of the Division offices as the fee and penalty listing maintained
				pursuant to Rule
				 590-7-10-.07. Said list shall be
				available upon request. The restricted terms shall be deemed to include the
				name of any well-known trademark, tradename, governmental agency, educational
				organization or institution, charitable organization, or professional
				organization.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.07 - Contested Cases

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State is not authorized
				to intervene in a private name infringement action. The Secretary of State may
				provide certified copies of any public document filed pursuant to the Code and
				the rules promulgated thereunder.
(2) The Secretary of State may, prior to the
				issuance of a certificate of limited partnership or a certificate of authority
				by the Secretary of State, revoke a name certificate if the certificate is
				issued for a name which is not distinguishable from the name of another entity
				filed with the Secretary of State or the name contains any word whose use is
				restricted by any provision of the Code and rules promulgated
				thereunder.
(3) In the event that a
				certificate of limited partnership or certificate of authority has been issued
				by the Secretary of State and the name is not distinguishable from the name of
				another entity filed with the Secretary of State under Title 14 of the Official
				Code of Georgia Annotated, or the name contains any word whose use is
				restricted by any provision of the Code or rules promulgated thereunder, the
				following actions may be taken:
(a) The
				Secretary of State may issue an order directing the limited partnership to file
				an amended certificate of limited partnership or articles of correction
				changing its name to a name that is available for use in this state or
				directing a foreign limited partnership to file an application for amended
				certificate of authority changing its name to a name that is available for use
				in this state. Since this is a ministerial correction of documents, the limited
				partnership shall not be required to pay a fee to the Secretary of State for
				such filing.
(b) In the event that
				the domestic or foreign limited partnership fails to file the appropriate
				documents to change its name, the Secretary of State may mark the records
				maintained by the Secretary of State to show the entity's noncompliance and may
				certify the record to the Attorney General of Georgia and request that the
				Attorney General begin proceedings to terminate the limited partnership or
				restrain it from transacting business in this state pursuant to the
				Code.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.08 - Prohibited Acts

Current through Rules and Regulations filed through June 27, 2024
(1) No person shall reserve a limited
				partnership name in this State unless such name is reserved in compliance with
				O.C.G.A. Section
				 14-9-103.
(2) No person shall register a foreign
				limited partnership name in this State unless such is registered in compliance
				with O.C.G.A. Sections
				 14-9-102,  14-9-103 and 
				 14-9-904.
O.C.G.A. Secs.
				  14-9-102,   14-9-103,   14-9-104,   14-9-904,   14-9-1101,   14-9-1102.
Subsequent ER adoptions
				 of Rule filed by Agency; see "Admin. Hist."
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.09 - Foreign/Domestic Limited Partnerships Distinguished

Current through Rules and Regulations filed through June 27, 2024
(1) In an application for a certificate of
				authority, a foreign limited partnership may distinguish its name from that of
				a domestic limited partnership by adding a distinguishing element, such as the
				name of the state where it is organized, in parentheses to its name in such
				application.
(2) The name in a
				certificate issued to a foreign limited partnership shall include such
				distinguishing element and such name shall be used by the foreign limited
				partnership in all dealings with the Secretary of State and in the conduct of
				its affairs in this State.
(3) A
				foreign limited partnership which was organized and transacting business in
				this State prior to the effective date of the Georgia Revised Uniform Limited
				Partnership Act may apply for a certificate of authority provided that, if
				necessary, its name shall be distinguished on the records of the Secretary of
				State by adding to such name the name of the state in which it was organized
				and, if necessary, by adding a numerical distinction to the name. Such
				distinction(s) shall be solely for the purpose of distinguishing limited
				partnerships on the files of the Secretary of State.
O.C.G.A. Secs.
				  14-9-904,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-11 - LIMITED PARTNERSHIPS - NAME › Rule 590-7-11-.10 - Domestic Limited Partnerships Distinguished

Current through Rules and Regulations filed through June 27, 2024
(1) The name of a place or location attached
				to one or more otherwise indistinguishable or identical names may sufficiently
				distinguish between two domestic limited partnerships.
(2) A name which is otherwise unavailable to
				a limited partnership which files with the Secretary of State under O.C.G.A.
				Section
				 14-9-1201(b) 
				 may be distinguished by adding:
(a) "(L.P.)"
				to the name of the limited partnership on the Secretary's records;
				and
(b) In parentheses, the name of
				the county in which it was organized. A numerical distinction shall be added to
				the county name to distinguish any multiple filings of limited partnerships
				organized in the same county.
These distinctions shall be solely to distinguish limited
				 partnerships on the files of the Secretary of State and shall have no effect
				 otherwise on the authority to use the name under which it was
				 organized.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.01 - Filing of Documents

Current through Rules and Regulations filed through June 27, 2024
(1) The filing of documents by a domestic or
				foreign limited partnership shall be made with the Secretary of State in the
				following manner:
(a) By mailing the required
				documents and fees to the Secretary of State at 2 Martin Luther King Jr. Drive,
				Suite 313 West Tower, Atlanta, Georgia 30334;
(b) By delivering the required documents and
				fees to the Secretary of State at the address referred to in subparagraph (a)
				above; or
(c) By electric
				transmission in the manner authorized by the Division on its website.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.02 - Transmittal Information Form

Current through Rules and Regulations filed through June 27, 2024
All certificates of limited partnership shall include a
				 transmittal information form as prescribed by the Secretary of State.
				 Information contained on the form shall be used by the Secretary of State for
				 entry into the automated database. The Secretary of State or his or her staff
				 shall enter the information contained on the form and shall not be responsible
				 for any errors or omissions on said form. The form shall be attached to and
				 made a part of the original certificate of limited partnership on file with the
				 Secretary of State, including a certificate of limited partnership that is
				 filed as part of a certificate of conversion.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
										14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.04 - Additional Information

Current through Rules and Regulations filed through June 27, 2024
(1)
Correct mailing address
. The
				applicant shall provide the Secretary of State with a correct mailing address,
				which may be a post office box or street address.
(2)
Registered office address
.
				The applicant shall also provide the Secretary of State with a registered
				office address where service of process may be effectuated.
(3)
County of initial registered
				office
. The applicant shall include the name of the County of the
				initial registered office.
(4)
Names and addresses of general partners
. Subject to the
				requirements of O.C.G.A. Section
				 14-9-201, the certificate of limited partnership shall set forth the name, business
				address, and signature of each general partner.
(5)
Consent of Registered Agent
.
				The initial registered agent must consent to appointment as limited partnership
				registered agent. If the registered agent and applicant is the same person or
				entity, the signature of the applicant shall constitute consent to serve as
				registered agent.
O.C.G.A. Secs.
				  14-9-201,   14-9-204,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.05 - Returned Documents

Current through Rules and Regulations filed through June 27, 2024
(1)
Documents must be complete.
The Secretary of State may return any documents that are not complete and
				appropriate for filing as prescribed by the Code and the rules promulgated
				thereunder. The returned documents will be accompanied by a Deficient Document
				Notice explaining the deficiency and an acknowledgement of receipt by the
				Secretary of State of the filing fee.
(2)
Filing date.
The documents
				may be corrected by the applicant and returned to the Secretary of State for
				processing. The applicant must attach to the corrected and returned documents
				the Deficient Document Notice issued by the Secretary of State. If the
				documents are returned to the Secretary of State by the applicant within thirty
				(30) days of the date of the Deficient Document Notice, the filing date will be
				the date the filing was initially received by the Secretary of State.
(3)
Abandoned filings.
If the
				filing is not returned to and received by the Secretary of State within sixty
				(60) days of the date of the Deficient Document Notice, it will be deemed
				abandoned, and all records pertaining to the filing will be destroyed by the
				Secretary of State. After a filing is deemed abandoned, a new filing, including
				the payment of filing fees and any penalties, will be required to complete the
				filing.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.06 - Preclearance

Current through Rules and Regulations filed through June 27, 2024
(1) Documents may
				be submitted to the Secretary of State for preclearance examination. The
				purpose of preclearance examination is to confirm that the proposed document
				conforms to the filing provisions of the Code prior to the actual submittal of
				the document for filing with the Secretary of State.
(2) Preclearance is available for any
				document required or permitted to be filed with the Secretary of State pursuant
				to Title 14 of the Official Code of Georgia Annotated, as amended.
(3) The fee for preclearance is set forth on
				the fee schedule maintained by the Secretary of State. The preclearance of a
				document may be expedited.
(4)
				Preclearance of documents does not reserve an entity name.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.07 - Amendments and Other Subsequent Filings

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State shall endorse all
				amendments, mergers, cancellations, and other subsequent filings with a stamp
				certificate acknowledging the filing and stating the time and date of such
				filings. Amendments and other subsequent filings must be executed in accordance
				with the Code.
(2) All amendments
				and subsequent filings shall include the charter or control number of the
				limited partnership and the date of its original application.
(3) Mergers between corporations and limited
				partnerships will not be accepted unless authorized by law.
(4) All amendments and subsequent filings
				must include the fees required by law and the fee schedule maintained by the
				Secretary of State.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-12 - LIMITED PARTNERSHIPS - FILING OF DOCUMENTS › Rule 590-7-12-.08 - Foreign Limited Partnerships

Current through Rules and Regulations filed through June 27, 2024
(1)
Initial qualification.
(a) A foreign limited partnership transacting
				business in this State shall procure a certificate of authority to do so from
				the Secretary of State. This certificate may be procured by the filing of the
				application for certificate of authority form for foreign limited partnerships,
				as prescribed by the Secretary of State, and the payment of the fees as set
				forth in the fee schedule published by the Secretary of State. A foreign
				limited partnership does not have to file a certified certificate of existence
				from its home state in order to obtain a certificate of authority in
				Georgia.
(b) The application for
				certificate of authority form, as prescribed by the Secretary of State, shall
				contain the information required by O.C.G.A. Section
				 14-9-902 and  any other information necessary to determine whether the applicant is
				subject to any fees or penalties imposed by the Code or the fee schedule
				published by the Commissioner.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.01 - Annual Registration Processing

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State or his agent shall receive the
				 incoming annual registrations. It is the responsibility of the Division to
				 promptly process and record the filing of annual registrations pursuant to the
				 Code. The Division may designate an agent or agents to assist in the
				 administrative duties concerning annual registrations.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.02 - New Registration Filings

Current through Rules and Regulations filed through June 27, 2024
A newly organized domestic limited partnership, or a newly
				 qualified foreign limited partnership, shall file an annual registration with
				 the Secretary of State on a form provided by the Secretary of State, and pay
				 the fee set forth in the fee schedule published by the Secretary of State,
				 between January 1 and April 1 of the year following the calendar year of the
				 new registration filing.
O.C.G.A. §§
										14-9-206.5,   14-9-1102 and 
				  14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.03 - Annual Registration Filings

Current through Rules and Regulations filed through June 27, 2024
Each limited partnership registered to do business in this
				 State shall, between January 1 and April 1 of each year, file an annual
				 registration with the Secretary of State. This annual registration shall be on
				 forms provided by the Secretary of State, shall contain the information
				 required to be on an annual registration as set forth in the Code, and shall
				 include the payment of the fee and penalties set forth in the Code and the fee
				 schedule maintained by the Secretary of State. The Secretary of State may
				 provide for the electronic filing of annual registrations.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.04 - Depository

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State may designate a depository for receipt
				 of annual registration filings and fees on an annual basis, in accordance with
				 the lockbox criteria developed and administered by the Department of
				 Administrative Services (DOAS). The depository may perform certain ministerial
				 services on behalf of the Secretary of State in order to fulfill the lockbox
				 functions as set forth by DOAS and these Rules. The selected depository shall
				 enter into an agreement with the Secretary of State that any goods and services
				 provided the Division under the agreement will be subject to appropriate
				 purchasing procedures and any relevant state laws.
O.C.G.A. §§
										14-9-1102 and 
				  14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.05 - Valid Period of Annual Registration

Current through Rules and Regulations filed through June 27, 2024
(1) Notwithstanding any other law or rule to
				the contrary, each domestic limited partnership, foreign limited partnership,
				and foreign limited liability partnership may file an annual registration to be
				valid for a period up to and including three calendar years.
(2) On an annual registration, each domestic
				limited partnership, foreign limited partnership, or foreign limited liability
				partnership shall designate a period of one year, two years, or three years as
				the valid annual registration period of said annual registration filing. The
				annual registration filing shall be accompanied by the payment of the fee and
				penalties set forth in the Code and the fee schedule maintained by the
				Secretary of State for each calendar year included in the designated annual
				registration period.
(3) A limited
				partnership's or limited liability partnership's next annual registration is
				due between January 1 and April 1 of the first calendar year following the end
				of the designated annual registration period in its most recent annual
				registration filing.
(4) If changes
				need to be made to a limited partnership's or limited liability partnership's
				principal office address, general partner(s)'s address, registered agent,
				and/or registered office information on file with the Secretary of State prior
				to the next annual registration being due, then an amended annual registration
				shall be filed with the Secretary of State. The payment of the fee for an
				amended annual registration filing as set forth in the Code and the fee
				schedule maintained by the Secretary of State must accompany any such
				filing.
(5) Annual registration
				fees will not be refunded if a limited partnership or limited liability
				partnership is cancelled, dissolved, merged out of existence, or withdrawn
				prior to the end of an annual registration period.
O.C.G.A.
				 §§
											14-5-23,   14-9-206.9,   14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.06 - Annual Registration Notifications

Current through Rules and Regulations filed through June 27, 2024
(1)
Form
. The Secretary of State
				shall design the annual registration form. This form shall contain specific
				filing instructions.
(2)
Distribution.
The Secretary of State or his or her agent shall
				prepare and send the annual registration notices to registered limited
				partnerships.
(3)
Notification.
All active limited partnerships will be sent an
				annual registration notification as soon as possible after January 1 of each
				year. Annual registration notices may be sent by mail or by electronic methods,
				such as email. Annual registration notices will not be forwarded to:
(a) Those limited partnerships that have
				failed to file an annual registration for the past three years;
(b) Those limited partnerships that have
				notified the Secretary of State that they are no longer in business or are
				inactive;
(c) Those limited
				partnerships that fail to maintain a valid mailing address on file with the
				Secretary of State; and
(d) Those
				limited partnerships that have been dissolved, withdrawn, or
				cancelled.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.07

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				 §§
											14-9-1102,   14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.08 - Annual Registration Updating

Current through Rules and Regulations filed through June 27, 2024
The Division may update the annual registration data or
				 employ the services of an outside contractor to update the annual registration
				 data. If the form is not properly signed the Secretary of State is authorized
				 to accept the filing and allow the signature on the check used to pay the fee
				 to verify the existence of the facts on the form. Unless otherwise indicated,
				 the signature on the annual registration form shall be deemed to be the
				 signature of an authorized limited partnership officer. The registered agent
				 will not be updated or changed unless the signature of the new registered agent
				 is on the form. The Secretary of State is authorized to enter into a contract
				 or agreement to provide for the updating of annual registration
				 information.
O.C.G.A. §§
										14-9-1102 and 
				  14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.09 - Retention of Annual Registrations

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State shall maintain all filed annual
				 registrations for a period of five (5) years.
O.C.G.A. §§
										14-9-1102 and 
				  14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.10 - Failure to File Annual Registration

Current through Rules and Regulations filed through June 27, 2024
A limited partnership that fails to file its annual
				 registration statement may be assessed a penalty in an amount set forth in the
				 fee schedule published by the Secretary of State and may not maintain a
				 proceeding in any court in the State. In addition to any other sanction, a
				 limited partnership which fails for three consecutive years to file its annual
				 registration with the Secretary of State may be placed on an "inactive filing
				 status" in the automated database of the Secretary of State, pursuant to Rule
				  590-7-16-.02  of these
				 rules.
O.C.G.A. §§
										14-9-206.6,   14-9-206.7,   14-9-1102 and 
				  14-9-1103.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-13 - LIMITED PARTNERSHIPS - ANNUAL REGISTRATION › Rule 590-7-13-.11 - Extensions of Filing Time

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State may extend the time of filing of the
				 annual registration if he or she determines that it is in the public interest
				 to do so and if additional time is needed to complete the updating of the
				 limited partnership information and payment records of the limited partnership.
				 In the event an order is issued regarding such extension, the Secretary of
				 State is authorized to issue certificates of existence on those limited
				 partnerships that are current through the preceding year.
O.C.G.A.
				 §§
											14-5-23,   14-9-1102,   14-9-1103.