O.C.G.A.
O.C.G.A.

O.C.G.A. § 10-1-416 (2019)

Appointment of Secretary of State as agent for service of process

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall irrevocably appoint the Secretary of State of this state as its agent for service of process for any alleged violation of this part and shall pay a $10.00 filing fee. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state. (b) Any seller which numbers among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby irrevocably appointed the Secretary of State as its agent for service of process for any alleged violation of this part. (c) Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the last known post office address of such seller; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail or statutory overnight delivery addressed to such seller at the address given in such affidavit.

History

Code 1981, § 10-1-416, enacted by Ga. L. 1988, p. 1868, § 1; Ga. L. 1992, p. 2370, § 6; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 989, § 1.

Annotations

Editor’s notes. Ga. L. 1988, p. 1868, § 1, effective July

1, 1988, redesignated former Code Section 10-1-416 as present Code Section Law reviews. For note, “The Georgia Sale of Business Opportunities Act,” see 1 Ga. St. U.L. Rev. 219 (1985).

Notes of Decisions
Cited in 1 case, 1989–1989 · leading case: Hornsby v. Phillips, 378 S.E.2d 870 (Ga. Ct. App. 1989).
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Hornsby v. Phillips, 378 S.E.2d 870 (Ga. Ct. App. 1989). · cites it 12× “Appellant maintains that although appellee complied with the notice provision in the Act as to ApCon, appellee did not provide appellant with notice of rescission "within one year of the date of the contract" as required by former OCGA § 10-1-416 (a) (now OCGA § 10-1-417 (a)).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.