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 590-7-14 - LIMITED PARTNERSHIPS - SECRETARY OF STATE INFORMATION CENTER › Rule 590-7-14-.01 - Limited Partnership/Corporation Information Center

Current through Rules and Regulations filed through June 27, 2024
The Corporate Information Center ("CIC") established and
				 maintained by the Secretary of State to promptly provide to the general public
				 information on corporations registered and doing business in the State of
				 Georgia shall also be maintained to provide information on limited partnerships
				 registered and doing business in the State of Georgia.
O.C.G.A. Secs.
				  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 590-7-14 - LIMITED PARTNERSHIPS - SECRETARY OF STATE INFORMATION CENTER › Rule 590-7-14-.02 - Telephone Inquiries

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State, during normal
				business hours, will accept up to three (3) limited partnership or corporate
				inquiries per telephone call.
(2)
				The only information provided by telephonic inquiry shall be the information
				readily available from the automated database.
(3) The person requesting information will be
				informed whether the requested information is available in the automated
				database.
(4) The following
				information, if available on the computer system, will be provided:
(a) Correct limited partnership
				name;
(b) Type of limited
				partnership;
(c) Status;
(d) Date organized;
(e) Registered office and agent;
(f) Annual registration status;
(g) County/State of original
				organization;
(h) General partners.
1. Up to three (3) names and addresses of
				general partners will be listed in the system and available by telephone
				inquiry.
2. The names of all
				general partners are available by mail by requesting a copy of the certificate
				of limited partnership and all amendments.
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 590-7-14 - LIMITED PARTNERSHIPS - SECRETARY OF STATE INFORMATION CENTER › Rule 590-7-14-.03

Current through Rules and Regulations filed through June 27, 2024
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 590-7-14 - LIMITED PARTNERSHIPS - SECRETARY OF STATE INFORMATION CENTER › Rule 590-7-14-.04 - Legal Interpretations

Current through Rules and Regulations filed through June 27, 2024
The personnel in the CIC and Division are not authorized to
				 provide legal interpretations concerning the Code or to provide tax and
				 business advice.
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 590-7-15 - LIMITED PARTNERSHIPS-CERTIFICATION OF DOCUMENTS › Rule 590-7-15-.01 - Certificates, Copies, and Certified Copies

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State shall provide:
(a) Copies or certified copies of any
				document, instrument, data, or paper relating to a limited partnership as
				available on the automated database, microfilm files or other records
				maintained by the Secretary of State.; and
(b) Certificates as authorized by the Code
				and rules promulgated thereunder.
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 590-7-15 - LIMITED PARTNERSHIPS-CERTIFICATION OF DOCUMENTS › Rule 590-7-15-.02 - Requests for Information

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State may accept, but is
				not required to accept, telephone or electronic requests for copies of
				documents and the certification of such documents.
(2) The applicant will be informed whether
				the requested documents are available based on the information contained in the
				automated database. All documents regarding foreign limited partnerships must
				be requested from the state in which the foreign limited partnership was
				originally organized ("home state") except the following documents if such
				information or document is on file with the Secretary of State.
(a) Application for a Certificate of
				Authority or amended Certificate of Authority;
(b) Certificate of Authority to transact
				business;
(c) Annual registration
				in Georgia.
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 590-7-15 - LIMITED PARTNERSHIPS-CERTIFICATION OF DOCUMENTS › Rule 590-7-15-.03

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				 §§
											14-9-1101,   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 590-7-15 - LIMITED PARTNERSHIPS-CERTIFICATION OF DOCUMENTS › Rule 590-7-15-.04 - Certificate of Limited Partnership History (Long Form Certificate)

Current through Rules and Regulations filed through June 27, 2024
If a written request is made, the Secretary of State will
				 provide a certificate of limited partnership history. A cost reimbursement will
				 be assessed and will be based on the amount of research time needed to prepare
				 the certificate. The minimum charge for a complete historic research and the
				 production of documents and certificates shall be published in the fee schedule
				 published and maintained by the Secretary of State.
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 590-7-15 - LIMITED PARTNERSHIPS-CERTIFICATION OF DOCUMENTS › Rule 590-7-15-.05 - Forms of Certificates

Current through Rules and Regulations filed through June 27, 2024
(1) The certificates provided by the
				Secretary of State shall include, but are not limited to, the following:
(a)
Certificate of Existence.
This certificate is generated from the automated database for active limited
				partnerships in good standing and in compliance with the applicable filing and
				annual registration provisions of the Code.
(b)
Certificate of Search.
This
				certificate is generated from the automated database for entities not found
				filed of record with the Secretary of State.
(c)
Certificate of
				Noncompliance.
This certificate is generated from the automated database
				for domestic and foreign limited partnerships on file with the Secretary of
				State that are not in good standing and are not in compliance with the
				applicable filing and annual registration provisions of the Code.
(d)
Certificate of Registered Agent and
				Registered Office.
This certificate is generated from the automated
				database and states the registered agent and registered office of record for a
				domestic or foreign limited partnership.
(e)
Certified Copies of
				Documents.
This certificate is generated from the automated database for
				any document, instrument, or paper relating to a domestic or foreign limited
				partnership as available on the automated database, microfilm files, or other
				records maintained by the Secretary of 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 590-7-16 - LIMITED PARTNERSHIPS-CANCELLATIONS, REVOCATIONS AND WITHDRAWALS › Rule 590-7-16-.01 - Compliance with Filing Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All limited partnerships shall be in
				compliance with the annual registration filing requirements of the Code and all
				fees and penalties must be paid prior to the Secretary of State issuing a
				certificate of cancellation, a certificate of withdrawal, or a certificate of
				merger. Any limited partnership that applies for cancellation, 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; 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) All fees and penalties shall be paid
				prior to any certificate of cancellation, certificate of withdrawal, or
				certificate of merger being issued 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 590-7-16 - LIMITED PARTNERSHIPS-CANCELLATIONS, REVOCATIONS AND WITHDRAWALS › Rule 590-7-16-.02 - Domestic Limited Partnerships

Current through Rules and Regulations filed through June 27, 2024
(1)
Voluntary Cancellation.
(a) Each limited partnership must file a
				certificate of cancellation with the Secretary of State. Said certificate shall
				be marked with the time and date of receipt and a copy of said certificate
				shall be returned to the limited partnership.
(b) At the time of the filing of the
				certificate of cancellation, the limited partnership must be in compliance with
				the filing requirements of the Code and all fees and penalties must be
				paid.
(c) The certificate of
				cancellation shall be in the form prescribed by the Code.
(d) A certificate shall be issued by the
				Secretary of State if he or she finds the filing to contain the necessary
				information and documents.
(e) The
				automated database shall be marked to reflect the cancellation, and the
				certificate of cancellation shall be filed with other documents relating to the
				limited partnership.
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 590-7-16 - LIMITED PARTNERSHIPS-CANCELLATIONS, REVOCATIONS AND WITHDRAWALS › Rule 590-7-16-.03 - Foreign Limited Partnerships

Current through Rules and Regulations filed through June 27, 2024
(1)
Withdrawal.
(a) Each foreign limited partnership must
				file an application for a certificate of withdrawal in order to terminate its
				authority to transact business in this state.
(b) At the time of the filing of the
				application for a certificate of withdrawal, the foreign limited partnership
				must be in compliance with the filing requirements of the Code and all fees and
				penalties must be paid, including the annual registration due the calendar year
				of withdrawal.
(c) A certificate of
				withdrawal shall be issued by the Secretary of State if he or she finds the
				filing to contain the necessary information and documents.
(d) The automated database shall be marked to
				reflect the withdrawal, and the certificate of withdrawal and application shall
				be filed with other documents relating to the foreign limited
				partnership.
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 590-7-17 - LIMITED PARTNERSHIPS-AUTOMATED DATA PROCESSING SYSTEM › Rule 590-7-17-.01 - Authority

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State is authorized to establish and
				 maintain a corporate database on electronic data processing equipment. The
				 equipment and software must be procured, developed and maintained in accordance
				 with standards set forth and approved by the Computer Services Division of the
				 Department of Administrative Services (DOAS). The corporate database shall also
				 include and maintain information on limited partnerships.
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 590-7-17 - LIMITED PARTNERSHIPS-AUTOMATED DATA PROCESSING SYSTEM › Rule 590-7-17-.02 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary
				of State is authorized to maintain all records and documents required or
				authorized to be filed by the Code, including but not limited to, applications,
				certificates, cancellations, amendments, annual registrations and merger
				documents, 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.
(2) The Secretary of State, after
				verification of the historic microfilm of limited partnership documents to the
				automated database maintained by the Secretary of State, may rely on such
				automated database for the purpose of providing limited partnership
				information, certifications, and the issuance of limited partnership name
				certificates.
(3) The Secretary of
				State shall maintain the integrity of the automated database in accordance with
				standards prescribed by the Georgia Department of Administrative Services and
				any 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 limited partnership data or the issuance of a limited
				partnership name certificate that is not distinguishable from another
				corporation or limited partnership filed pursuant to the Code.
O.C.G.A. §§
										14-9-1102,   14-9-1103 and 
				  14-9-1104.
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 590-7-17 - LIMITED PARTNERSHIPS-AUTOMATED DATA PROCESSING SYSTEM › Rule 590-7-17-.03 - Public Access

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State has determined
				that it is in the public interest to provide efficient and immediate access to
				the information contained in the automated database. Pursuant to these rules
				and subject to equipment availability, direct access to the database shall be
				provided on a non-discriminatory basis.
(2) The Secretary of State is authorized to
				provide inquiry only access to the automated database on a terminal located in
				the public access area of the Division, if he finds that it is in the public
				interest to provide such service and sufficient equipment is available to
				accommodate the demand for such service. In order to provide equal access to
				the information the Secretary of State is authorized to post a use time
				schedule for access to such terminal.
(3) The Secretary of State may enter into
				agreements to provide direct access to the automated database with Corporate
				Services Organizations, provided that:
(a)
				The Secretary of State determines that access to and the intended use of the
				data is not adverse to the public interest;
(b) the automated data processing equipment
				will support the demands placed on its operation by the Corporate Service
				Organization; and
(c) the Corporate
				Service Organization:
1. files an application
				with the Secretary of State that will include the intended use of the data to
				the Secretary of State and provides to the Secretary of State the information
				requested on the application form;
2. agrees to conform with the policies and
				procedures set forth by the Secretary of State concerning the utilization of
				the access;
3. pays the
				installation and service charge set forth in published fees and services
				charges maintained by the Secretary of State;
4. agrees to pay the transaction fees and
				charges set forth in the published fees and service charges maintained by the
				Secretary of State or establishes a depository account to be used for the
				payment of such fees or charges;
5.
				agrees to pay the cost of any software necessary to provide direct access;
				and
6. provides and pays for all
				modems, data transmission lines and communications equipment and charges
				directly related to the access.
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 590-7-17 - LIMITED PARTNERSHIPS-AUTOMATED DATA PROCESSING SYSTEM › Rule 590-7-17-.04 - Electronic Filings

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of State is authorized to
				accept electronic filings for all documents authorized, permitted, or required
				to be filed under the Code, including, but not limited to certificates of
				limited partnership, applications for certificates of authority, annual
				registrations, amendments, mergers, consolidations, cancellations, annual
				registrations, and changes of registered agents or offices.
(2) Prior to accepting electronic filings the
				Secretary of State shall:
(a) determine that
				appropriate and sufficient security precautions have been advised to maintain
				the integrity of the filings and the database;
(b) obtain the approval from the Computer
				Services Division of the Department of Administrative Services certifying that
				adequate electronic safeguards exist to maintain the integrity of the
				electronic files; and
(c) determine
				that it is in the public interest to offer electronic filings to the
				public.
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 590-7-17 - LIMITED PARTNERSHIPS-AUTOMATED DATA PROCESSING SYSTEM › Rule 590-7-17-.05 - Service Charges

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State may impose service charges in order to
				 have immediate electronic access to, or the ability to make electronic filings
				 into, the corporate database or a database maintained by a Corporate Service
				 Organization. Such charges shall be posted on the Fee Schedule prepared and
				 maintained by the Secretary of State. Service charges may only be changed by
				 the posting by the Secretary of State of such changes in the public access area
				 of the Division offices for a minimum of thirty (30) days prior to any such
				 change being effective.
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 590-7-18 - LIMITED PARTNERSHIPS-SERVICE OF PROCESS › Rule 590-7-18-.01 - Designated Agents

Current through Rules and Regulations filed through June 27, 2024
The Secretary of State or Assistant Corporation Commissioner,
				 by written order, shall designate certain staff members in the Division to
				 accept service of process on behalf of 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 590-7-18 - LIMITED PARTNERSHIPS-SERVICE OF PROCESS › Rule 590-7-18-.02 - Receipt of Service

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever by statute the Secretary of
				State is appointed or deemed to have been appointed the agent of any individual
				or entity for the purpose of service of any process, the Secretary of State may
				be served by:
(a) 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) Delivering the required documents and
				fees to 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 590-7-18 - LIMITED PARTNERSHIPS-SERVICE OF PROCESS › Rule 590-7-18-.03 - Processing

Current through Rules and Regulations filed through June 27, 2024
(1) Service of
				process documents filed at the office of the Secretary of State shall be
				processed in time receipt order. Expedited processing shall not be available
				for service of process filings.
(2)
				All requests for service of process on the Secretary of State concerning
				domestic or foreign limited partnerships shall be accompanied by:
(a) One complete copy for each party to be
				served, with said copy to include a summons dated and signed by the appropriate
				Clerk of Court and a complete complaint including civil action
				number;
(b) A statement identifying
				the Code section under which the filing is made;
(c) The payment of the fees as required by
				the Code or listed on the fee schedule published by the Secretary of State;
				and
(d) Written certification that
				the plaintiff or his attorney:
1. has
				forwarded by registered mail such process, service or demand to the last
				registered office or agent listed on the records of the Secretary of
				State;
2. that service cannot be
				effected at such office; and
3. it
				appears the limited partnership has failed either to maintain a registered
				office or appoint a registered agent in 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 590-7-18 - LIMITED PARTNERSHIPS-SERVICE OF PROCESS › Rule 590-7-18-.04 - 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. The returned documents shall be accompanied by a Notice
				with an explanation of the rejection or any deficiencies and an acknowledgement
				of the receipt by the Secretary of State of the filing fee.
(2)
Correcting deficient
				filings.
The documents may be corrected and returned to the Secretary of
				State for processing. The filer must attach to the corrected and returned
				documents a copy of the Notice issued by the Secretary of State. If the
				documents are returned to the Secretary of State by the applicant within sixty
				(60) days of the date of the Notice, the filing date will be the date the
				corrected and completed filing is 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 date of the Notice, it will be deemed abandoned and all records
				pertaining to the filing will be destroyed. A new filing, including the payment
				of filing fees to the Secretary of State, 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 590-7-18 - LIMITED PARTNERSHIPS-SERVICE OF PROCESS › Rule 590-7-18-.05 - Fees

Current through Rules and Regulations filed through June 27, 2024
All fees, whenever possible, shall be paid by check. Each
				 check shall have the name of the case written on it. Fees are non-refundable
				 once the service documents are filed with the Secretary of State except as
				 provided by statute.
O.C.G.A. §§
										14-9-104,   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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.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
				 Secretary of State. This power may be exercised by the Assistant Corporation
				 Commissioner concurrently with the Secretary of State and all acts of the
				 Assistant Corporation Commissioner are of the same force and effect as such
				 acts would be if performed by the Secretary of State.
O.C.G.A. §§
										14-5-23,   14-11-1105,  and
				  14-11-1106.
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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.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 or she 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
				heard 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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.05 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All
				applications, articles of organization, 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 organization, 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 documents to the automated database maintained by the Commissioner, may
				rely on such automated database for the purpose of providing information,
				certifications, and the issuance of name certificates.
(4) The Commissioner will maintain active
				records of 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 may, but is not required to, 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 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 data or the issuance of a name
				certificate that is not distinguishable from another name on file with the
				Commissioner 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. §§
										14-5-23,   14-11-1105,  and
				  14-11-1106.
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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.07 - 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
				 590-7-21-.04(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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.08 - Refunds

Current through Rules and Regulations filed through June 27, 2024
(1) Not with
				standing Rule
				 590-7-19-.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. Secs.
				  14-5-23,   14-11-1105,  and
				  14-11-1106.
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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.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 the expedited processing charges listed in the
				fee schedule published and maintained by the Commissioner, in addition to the
				applicable filing or service fee.
(3) For filings and certificate requests
				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 and certificate requests hand-delivered to the Division, the
				expedited processing fee shall be paid by United States Postal Service money
				order, certified check, cashier's check, or by a credit card accepted by the
				Division. For filings and certificate requests 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 of a filing 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. §§
										14-5-23,   14-11-1105 and 
				  14-11-1106.
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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.10 - Compliance with Filing Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Any limited liability company or foreign
				limited liability company that files for termination, 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
				liability company is applying for winding up, termination, 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 liability company or foreign limited liability company after April
				1 of a calendar year must be accompanied by any currently or previously due
				annual registration.
(3) Articles
				of organization that are submitted for filing by an entity converting to or
				electing to become a limited liability company 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,   14-11-1105,   14-11-1106.
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 590-7-19 - LIMITED LIABILITY COMPANIES - RULES OF GENERAL APPLICABILITY › Rule 590-7-19-.11 - 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 liability
				company'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 liability
				company 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,   14-11-1105,   14-11-1106.
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 590-7-20 - LIMITED LIABILITY COMPANIES - NAME › Rule 590-7-20-.01 - Name

Current through Rules and Regulations filed through June 27, 2024
The name of a domestic or foreign limited liability
				 company:
(a) Must contain the words
				"limited liability company","limited company" or the abbreviations "LLC",
				"L.L.C.","LC" or "L.C.";
(b) May
				abbreviate the word "limited" as "Ltd." or "Ltd" and the word "company" as
				"Co." or "Co";
(c) Must be
				distinguishable on the records of the Secretary of State from the name of any
				existing entity or active name reservation on file with the Secretary of State
				pursuant to Title 14 of the Code;
(d) 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;
(e) Must not contain any words which indicate
				that the entity is organized other than as a limited liability company. Words
				which shall not be used in the name of a limited liability company include
				"corporation," "incorporated," "professional corporation," "limited
				partnership," "limited liability partnership," "limited liability limited
				partnership," and any abbreviation of such words;
(f) Must not contain the acronym "DBA" or any
				variations of such acronym, and
(g)
				Must not exceed 80 characters, including spaces and punctuation.
O.C.G.A. §§
										14-5-23,   14-11-1105,  and
				  14-11-1106.
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 590-7-20 - LIMITED LIABILITY COMPANIES - NAME › Rule 590-7-20-.02 - Method of Reserving a Name

Current through Rules and Regulations filed through June 27, 2024
(1) A name for a domestic or foreign limited
				liability company may be reserved with the Secretary of State by any person
				pursuant to the Code.
(2) A name
				may be reserved in the following manner:
(a)
				By mailing 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
				delivering 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 590-7-20 - LIMITED LIABILITY COMPANIES - NAME › Rule 590-7-20-.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 organization, 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 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,   14-11-1105,   14-11-1106.
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 590-7-20 - LIMITED LIABILITY COMPANIES - NAME › Rule 590-7-20-.04 - 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 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 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 a word or name;
(f) A
				suffix added to a word or any other deviation from or derivative of the same
				word;
(g) The addition or omission
				of punctuation, symbols, special characters, or spaces;
(h) A symbol or special character in place of
				a word or name (e.g. "and" and "&"; "at" and "@");
(i) A numerical number in Arabic or Roman
				numeral(s) and the same number spelled out with letters of the alphabet;
				and
(j) A change in a word or name
				indicating corporate or business entity status.
O.C.G.A.
				 §§
											14-5-23,   14-11-1105,   14-11-1106.