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2018 Georgia Code 14-2-1403.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-2-1403.1 Case Law from Google Scholar Amendments to OCGA 14-2-1403.1

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 2. Business Corporations, 14-2-101 through 14-2-1703.

ARTICLE 14 DISSOLUTION

14-2-1403.1. Publication of notice of intent to dissolve.

  1. Together with the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall deliver to the Secretary of State an undertaking (which may appear in the notice of intent to dissolve or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such corporation) that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor will be made as required by subsection (b) of this Code section.
  2. No later than the next business day after filing the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:

    The notice may also include the information specified in Code Section 14-2-1407.The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication.The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the dissolution of the corporation.

"NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION Notice is given that a notice of intent to dissolve __________________(name of corporation), a Georgia corporation with its registered office at __________________ (address of registered office), has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code."

(Code 1981, §14-2-1403.1, enacted by Ga. L. 1988, p. 1070, § 1; Ga. L. 1990, p. 257, § 22; Ga. L. 1993, p. 1231, § 21.)

COMMENT

Source: Former § 14-2-276.

This replaces former § 14-2-276, which required publication of a similar notice for four consecutive weeks at a fee of $60. Former § 14-2-274 also required filing with the state revenue commissioner. Publication requirements have been reduced and simplified.

Subsection (b) provides that the notice required by this section may also contain the notice to creditors described in § 14-2-1407.

Note to 1990 Amendment The 1990 amendment makes it clear that any person acting on behalf of the corporation (such as an attorney or other agent) may execute the requisite certificate of publication.

Note to 1993 Amendment The 1993 amendment deals with the timing of making a request for publication in connection with the dissolution process, permitting such a request to be delivered no later than the business day after filing the notice of intent to dissolve with the Secretary of State. The amendment also changes the form of notice in recognition that it generally is published after the filing has occurred.

Cross-References Administrative dissolution for failure to publish notice of intent to dissolve, see § 14-2-1420(5). Notice of intent to dissolve, see § 14-2-1403. Limitation of actions against dissolved corporation, see §§ 14-2-1406 &14-2-1407. Publication of notice to creditors, see § 14-2-1407.

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