reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-9 - COMMODITIES › Rule 590-4-9-.10 - Copies of Documents

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner shall provide certified
				copies of any document, instrument, data, or paper officially filed as
				available on the automated database, microfilm files or other records
				maintained by the Commissioner.
(2)
				The Commissioner is authorized to establish and impose minimum fees for the
				production and mailing of documents requested herein.
(3) The Commissioner shall publish and
				maintain a schedule of all fees and charges for documents and services
				provided. Service charges may only be changed by the posting by the
				Commissioner of such changes in the public access area of the Division offices
				for a minimum of thirty (30) days prior to such changes being
				effective.
(4) Expedited processing
				certificates may be obtained by submitting a written request explaining why
				such expedited processing is necessary and appropriate. The request for
				expedited processing must be accompanied by the payment of the fee published in
				the fee schedule maintained by the Commissioner. In the event expedited service
				is authorized, the documents, if available, and the certificate will be
				prepared and furnished immediately to the person making such request.
O.C.G.A. Sec.
				  10-5A-26.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-9 - COMMODITIES › Rule 590-4-9-.11 - Requests for Information

Current through Rules and Regulations filed through June 27, 2024
The Commissioner may accept, but is not required to accept,
				 telephone or electronic requests for copies of documents and the certification
				 of such documents.
O.C.G.A. Sec.
				  10-5A-26.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-9 - COMMODITIES › Rule 590-4-9-.12 - Payment of Charges

Current through Rules and Regulations filed through June 27, 2024
All invoices for certificates and copies are due immediately
				 upon receipt. Failure to pay the invoice may result in the matter being
				 referred for collection.
O.C.G.A. Sec.
				  10-5A-26.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-9 - COMMODITIES › Rule 590-4-9-.13 - Statement of Net Worth

Current through Rules and Regulations filed through June 27, 2024
(1) For purposes of claiming exemption from
				the prohibitions contained in Code Section
				 10-5A-2, a person engaged in business as a bullion or precious metals dealer having and
				maintaining a net worth of at least $500,000.00 shall file with the
				Commissioner a sworn statement that such person meets the minimum net worth
				requirement and that such person will notify the Commissioner immediately in
				the event his or her net worth falls below $500,000.00.
(2) Said statement shall contain the name and
				address of the claimant as well as the name and address of a person located in
				this State and designated by the claimant as its agent for service of process
				in Georgia. The person submitting the sworn statement shall attach an audited
				financial statement (including balance sheet; income statement; and statement
				of cash flows) prepared in accordance with generally accepted accounting
				principles and accompanied by an auditor's report containing the opinion of an
				independent certified public accountant that the claimant has a net worth of at
				least $500,000.00. Said statement shall be accompanied by the published filing
				fee when submitted to the Commissioner.
O.C.G.A. Sec.
				  10-5A-3.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-5 - REPEALED › Subject 590-5-1 - REPEALED › Rule 590-5-1-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
										21-5-1 et
				 seq., as amended.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-1 - REPEALED › Rule 590-6-1-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-2 - REPEALED › Rule 590-6-2-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-2 - REPEALED › Rule 590-6-2-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-2 - REPEALED › Rule 590-6-2-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.10 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.11 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.12 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-6 - REPEALED › Subject 590-6-3 - REPEALED › Rule 590-6-3-.13 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 2013, p. 594,
				 §
										2-3/HB 287.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.02 - Delegation to Assistant Corporation Commissioner

Current through Rules and Regulations filed through June 27, 2024
The Assistant Corporation Commissioner is empowered to sign
				 all documents, make all decisions and perform all acts under the Code as is the
				 Corporation Commissioner. This power may be exercised by the Assistant
				 Corporation Commissioner concurrently with the Corporation Commissioner and all
				 acts of the Assistant Corporation Commissioner are of the same force and effect
				 as such acts would be if performed by the Corporation
				 Commissioner.
O.C.G.A.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.03 - Administrative Declaratory Rulings; Informal Interpretations

Current through Rules and Regulations filed through June 27, 2024
(1) Declaratory
				Rulings.
(a) Availability. Any person whose
				legal rights will be interfered with or impaired by the application by the
				Commissioner of any statutory provision or any rule or order of the
				Commissioner may petition the Commissioner and request a declaratory ruling
				therein. The Commissioner will not render advisory opinions, resolve questions
				which have become moot or are abstract, hypothetical, or otherwise act
				hereunder except with respect to such actual controversies or other cases upon
				which a superior court would be required to act under the Georgia declaratory
				judgment statutes as construed by the appellate courts of Georgia.
(b) Form of Petition. Each such petition
				shall be filed with the Commissioner in writing and shall state:
1. the name and mailing address of the
				petitioner;
2. the full text of the
				statute, rule, or order upon which a ruling is requested;
3. a paragraphed statement of all pertinent
				and existing facts necessary to a determination of the applicability of the
				quoted statute or rule;
4. the
				petitioner's contention, if any, as to the aforesaid applicability with
				citation of legal authorities, if any, which authorize, support, or require a
				decision in accordance therewith; and
5. a statement setting forth in detail the
				petitioner's interest in the matter and why and how the petitioner is uncertain
				or insecure with respect to his rights. The petition shall be verified under
				oath by, or in proper behalf of, the petitioner.
(c) Proceedings on Petition. If the
				Commissioner shall determine that a decision can be rendered on the face of the
				petition without further proceedings, he shall render a summary decision
				thereon. Otherwise, all parties known by the Commissioner to have a legal
				interest in the matter shall be notified and given an opportunity to be head in
				an informal hearing.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.04 - Petition for Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Form of petition. Each petition for
				adoption of rules made pursuant to the Georgia Administrative Procedure Act
				shall be filed with the Commissioner in writing and shall state:
(a) The name and mailing address of the
				petitioner;
(b) The full text of
				the rule requested to be amended or repealed, or the full text of the rule
				desired to be promulgated;
(c) A
				paragraphed statement of the reasons such rule should be amended, repealed or
				promulgated, including a statement of all pertinent existing facts as to
				petitioner's interest in the matter; and;
(d) Citations of legal authorities, if any,
				which authorize, support, or require the action requested by petitioner. The
				petition should be verified under oath by, or on behalf of, the
				petitioner.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  14-5-23,  14-5-130.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.06 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All
				applications, articles of incorporations, dissolutions, amendments, annual
				registrations, records, and other documents filed with the Commissioner
				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 measurements of 8 1/2" by 11".
(2) All applications, articles of
				incorporations, dissolutions, amendments, annual registrations, records, and
				other documents filed with the Commissioner 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 Commissioner, after verification of
				the corporate documents to the automated database maintained by the
				Commissioner, may rely on such automated database for the purpose of providing
				corporate information, certifications, and the issuance of corporate name
				certificates.
(4) The Commissioner
				will maintain active records of corporate annual registrations for a period of
				five (5) years and will provide information from, and copies of, such annual
				registrations during such period. The Commissioner shall not provide
				information from or copies of annual registrations on file for more than five
				(5) years.
(5) The Commissioner
				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 on the electronic
				equipment, or errors in the software programs, the Commissioner shall not be
				liable for the release of incorrect corporate data or the issuance of a
				corporate name certificate that is not distinguishable from another corporation
				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 Commissioner or by a
				Records Depository approved by the Commissioner 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. Secs.
				  14-5-23,  14-5-130.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  14-2-13,
				  14-5-23.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.09 - 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 Commissioner a request for expedited processing and the request is
				accompanied by the payment of charges listed in the fee schedule published and
				maintained by the Commissioner, 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 Commissioner 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
				applicant.
O.C.G.A.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.10 - 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 "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
				 590-7-3-.06(3);
				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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.11 - Compliance with Filing Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Any corporation or foreign corporation
				that files for voluntary dissolution, 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.
(2) Any corporate document or transaction
				that is filed after April 1 of a calendar year must be accompanied by any
				currently or previously due annual registration, including the initial annual
				registration required by law to be filed by newly formed
				corporations.
(3) A corporate
				filing made by a Georgia corporation within 90 days of its date of
				incorporation must have an initial annual registration on file, as required by
				the Code, before the corporate filing will be processed.
(4) Articles of incorporation that are
				submitted for filing by an entity converting to or electing to become a
				corporation 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.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.12 - Nonprofit Corporation Filings

Current through Rules and Regulations filed through June 27, 2024
(1) All filings submitted by any domestic or
				foreign nonprofit corporation pursuant to the Georgia Nonprofit Corporation
				Code shall be received and processed in accordance with the procedures
				established by the Secretary of State regarding filings made pursuant to the
				Georgia Business Corporation Code unless the Georgia Nonprofit Corporation Code
				shall require otherwise.
(2) Any
				documents submitted for filing with the Secretary of State pursuant to the
				Georgia Nonprofit Corporation Code which require prior approval or notice of
				the corporate action to be given by the nonprofit corporation to the Attorney
				General or any other person may contain a statement that such prior notice or
				approval has been given. If such a statement is not included, the nonprofit
				corporation shall file a written statement with the Secretary of State which
				states whether or not prior notice or approval was required to be given under
				the Code and whether said notice or approval was in fact given.
O.C.G.A. Secs.
				  14-3-130,   14-5-23.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.13 - Refunds

Current through Rules and Regulations filed through June 27, 2024
(1) Notwithstanding
				Rule
				 590-7-1-.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. §§
										14-2-130,   14-3-130,   14-5-23.
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 590-7-1 - CORPORATIONS - RULES OF GENERAL APPLICABILITY › Rule 590-7-1-.14 - 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 corporation's
				principal office or its place of business.
(2)
Registered Agent.
The legal
				name of the registered agent at the registered office of the corporation 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.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.01 - Method of Reserving Corporate Name

Current through Rules and Regulations filed through June 27, 2024
(1) A corporate name may be reserved by any
				person pursuant to the Georgia Business Corporation Code, Georgia Nonprofit
				Corporation Code, Georgia Professional Corporation Act, Georgia Revised Uniform
				Limited Partnership Act, Georgia Limited Liability Company Act, or any other
				statute providing for filing of business names with the Secretary of
				State.
(2) A corporate 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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.02 - Corporate Name

Current through Rules and Regulations filed through June 27, 2024
(1) The name of a domestic corporation or
				foreign corporation:
(a) Must be in
				compliance with the provisions of the Code;
(b) Must consist of only English alphabet
				letters, Arabic numerals, Roman numerals, and symbols and special characters
				capable of being reproduced on a standard English (U.S.) keyboard;
(c) Must not contain any words which indicate
				that the corporation is organized other than as a corporation. Words which
				shall not be used in the name of a corporation include "limited liability
				company","limited partnership," "limited liability partnership," "limited
				liability limited partnership," and any abbreviation of such words;
				and
(d) Must not contain the
				acronym "DBA" or any variations of such acronym.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.03 - 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 pick
				up 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 articles of incorporation, articles 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 corporate 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.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.04 - Distinguishable Names

Current through Rules and Regulations filed through June 27, 2024
The Commissioner will deny a request for a name certificate
				 or proposed entity name if such requested 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 Commissioner pursuant to Title 14 of the Code.
				 Without limiting the discretion of the Commissioner 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.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				 14-2-41, 14-2-371, 14-2-390,
				  14-5-23,   14-2-402.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.06 - Contested Cases

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner is not authorized to
				intervene in a private name infringement action. The Commissioner may provide
				certified copies of any public document filed pursuant to the Code and the
				rules promulgated thereunder.
(2)
				The Commissioner may, prior to the issuance of a certificate of incorporation
				or a certificate of authority, revoke a name certificate if the name
				certificate is issued for a name which is not distinguishable from the name of
				another entity filed with the Commissioner 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 incorporation or a certificate of authority has been issued by
				the Commissioner and the name is not distinguishable from the name of another
				entity filed with the Commissioner 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 Commissioner may issue
				an order directing the corporation to file articles of correction or articles
				of amendment changing its name to a name that is available for use in this
				state or directing a foreign corporation 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
				corporation shall not be required to pay a fee to the Commissioner for such
				filing.
(b) In the event the
				domestic or foreign corporation 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 and request that the corporation be given
				written notice of judicial dissolution, pursuant to O.C.G.A. Section
				 14-2-1430, by an appropriate superior court of this State.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  14-2-40, 14-2-41, 14-2-42, 14-2-390,
				  14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.08 - Foreign/Domestic Corporations Distinguished

Current through Rules and Regulations filed through June 27, 2024
The name of a place attached to one of two otherwise
				 indistinguishable or identical names may sufficiently distinguish between a
				 foreign and a domestic corporation, or between two foreign
				 corporations.
O.C.G.A. Secs.
				  14-5-40,  14-2-390,
				  14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.09 - Domestic Corporations Distinguished

Current through Rules and Regulations filed through June 27, 2024
The name of a place or location attached to one or more
				 otherwise indistinguishable or identical names may sufficiently distinguish
				 between two domestic.
O.C.G.A.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.10 - Professional Corporations

Current through Rules and Regulations filed through June 27, 2024
Applicants seeking the reservation of a name for a
				 professional corporation shall furnish to the Commissioner a confirmation from
				 the appropriate regulating board or authority of the professional status of the
				 applicant seeking to incorporate. For certain professions this requirement may
				 be met by furnishing the registration number of such professional from the
				 Professional Licensing Boards Division of the Office of Secretary of State, or
				 in the case of an attorney, the registration number provided by the State Bar
				 of Georgia.
O.C.G.A.
				 §§
											14-2-130,   14-5-23.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.11 - Financial Institutions

Current through Rules and Regulations filed through June 27, 2024
(1) Applicants seeking the reservation of a
				corporate name for a financial institution shall make such application to the
				Department of Banking and Finance.
(2) If the Department of Banking and Finance
				determines that the name complies with the requirements of O.C.G.A. §
									7-1-130 and  is
				otherwise consistent with Georgia law, and is distinguishable upon the records
				of the Secretary of State from the name of any other corporation, limited
				partnership, or professional association, it shall reserve the name and notify
				the Secretary of State of such name reservation.
(3) Decisions regarding the issuance of name
				reservations to financial institutions shall be made by the State Department of
				Banking and Finance. Provisions of Title 14 relating to the reservation of
				names shall not apply to a corporation which is, or is proposed to become, a
				financial institution.
O.C.G.A. Secs.
				  7-1-131,   14-5-23,   14-2-130.
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 590-7-2 - CORPORATE NAME › Rule 590-7-2-.12 - 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 a
				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
				corporation.
(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 domestic corporation or foreign corporation 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
				 590-7-1-.08. 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.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-3 - CORPORATIONS - FILING OF DOCUMENTS › Rule 590-7-3-.01 - Filing of Documents

Current through Rules and Regulations filed through June 27, 2024
(1) The filing of the documents by a domestic
				or foreign corporation shall be made with the Commissioner 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 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 590-7-3 - CORPORATIONS - FILING OF DOCUMENTS › Rule 590-7-3-.02 - Transmittal Information Form

Current through Rules and Regulations filed through June 27, 2024
All articles of incorporation shall include a transmittal
				 information form as prescribed by the Commissioner. Information contained on
				 the form shall be used by the Commissioner for entry into the automated
				 database. The Commissioner 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
				 articles of incorporation on file with the Commissioner, including articles of
				 incorporation that are filed as part of a certificate of
				 conversion.
O.C.G.A.
				 §§
											14-2-130,   14-3-130,   14-5-23.
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 590-7-3 - CORPORATIONS - FILING OF DOCUMENTS › Rule 590-7-3-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §§
										14-2-130,   14-3-130,   14-5-23.
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 590-7-3 - CORPORATIONS - FILING OF DOCUMENTS › Rule 590-7-3-.04

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				 §§
											14-2-130,   14-3-130,   14-5-23.