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2018 Georgia Code 14-3-1510 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-3-1510 Case Law from Google Scholar Amendments to OCGA 14-3-1510

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 3. Nonprofit Corporations, 14-3-101 through 14-3-1703.

ARTICLE 15 FOREIGN CORPORATIONS

14-3-1510. Service of process on foreign corporation.

  1. The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of any process, notice, or demand required or permitted by law to be served on the foreign corporation.
  2. If a foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the chief executive officer, chief financial officer, or secretary of the foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State and shall pay a $10.00 filing fee.
  3. Service is perfected under subsection (b) of this Code section at the earliest of:
    1. The date the foreign corporation receives the mail;
    2. The date shown on the return receipt, if signed on behalf of the foreign corporation; or
    3. Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
  4. This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
  5. For service in a proceeding to enforce any obligation of a domestic corporation party to a merger, see subsection (b) of Code Section 14-3-1106.

(Code 1981, §14-3-1510, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 989, § 11.)

Cross references.

- Service of process generally, § 9-11-4.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, and rendered prior to the 2000 amendment are included in the annotations for this Code section.

Service on franchise not effective as to franchisor.

- Service of process made on a franchise is not effective as to the franchisor, since a franchise contract under which one operates a type of business on a royalty basis does not create an agency or a partnership relationship. Arthur Murray, Inc. v. Smith, 124 Ga. App. 51, 183 S.E.2d 66 (1971) (decided under former Code 1933).

Cited in Castleberry v. Gold Agency, Inc., 124 Ga. App. 694, 185 S.E.2d 557 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Foreign Corporations, § 476 et seq.

C.J.S.

- 19 C.J.S., Corporations, §§ 987, 1030 et seq.

ALR.

- Foreign corporations: soliciting subscriptions to or selling corporate stock as doing business within state, 35 A.L.R. 625.

Constitutionality, construction and effect of statute providing for service of process upon statutory agent in action against foreign corporation as regards communication to corporation of fact of service, 89 A.L.R. 658.

Jurisdiction of actions or proceedings involving internal affairs of foreign corporations, 89 A.L.R. 736; 155 A.L.R. 1231; 72 A.L.R.2d 1211.

Effect of agreement by foreign corporation to install article within the state to bring transaction within state control, 101 A.L.R. 356.

Statute providing for service of process upon designated state official, in action against foreign corporation, as applicable to action based on transaction outside the state, 145 A.L.R. 630; 162 A.L.R. 1424.

Solicitation within state (or District of Columbia) of orders for goods to be shipped from other state as doing business within state within statutes prescribing conditions of doing business or providing for service of process, 146 A.L.R. 941.

Power of state to subject foreign corporation to jurisdiction of its courts on sole ground that corporation committed tort within state, 25 A.L.R.2d 1202.

Foreign insurance company as subject to service of process in action on policy, 44 A.L.R.2d 416.

Federal or state law as controlling, in diversity action, whether foreign corporation is amenable to service of process in state, 6 A.L.R.3d 1103.

Who is "general" or "managing" agent of foreign corporation under statute authorizing service of process on such agent, 17 A.L.R.3d 625.

Vicarious liability of private franchisor, 81 A.L.R.3d 764.

PART 2 C ERTIFICATE OF WITHDRAWAL

14-3-1520. Withdrawal of foreign corporation from state.

  1. A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with and into a domestic corporation pursuant to Code Section 14-3-1106 and is not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State.
  2. A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the Secretary of State for filing. The application must set forth:
    1. The name of the foreign corporation and the name of the state or country under whose law it is incorporated;
    2. That it is not transacting business in this state and that it surrenders its authority to transact business in this state;
    3. That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;
    4. A mailing address to which a copy of any process served on the Secretary of State under paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and
    5. A commitment to notify the Secretary of State in the future of any change in its mailing address.
  3. After the withdrawal of the corporation is effective, service of process on the Secretary of State under this Code section is service on the foreign corporation.Any party that serves process upon the Secretary of State in accordance with this subsection shall also mail a copy of the process to the chief executive officer, chief financial officer, or the secretary of the foreign corporation, or a person holding a comparable position, at the mailing address set forth under subsection (b) of this Code section.

(Code 1981, §14-3-1520, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 61.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Foreign Corporations, § 266 et seq.

ALR.

- Withdrawal of foreign corporation from state as tolling statute of limitations as to action against corporation, 133 A.L.R. 774.

PART 3 R EVOCATION OF CERTIFICATE OF AUTHORITY

14-3-1530. Grounds for revocation.

The Secretary of State may commence a proceeding under Code Section 14-3-1531 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:

  1. The foreign corporation does not deliver its annual registration to the Secretary of State within 60 days after it is due;
  2. The foreign corporation does not pay within 60 days after they are due any fees, taxes, or penalties imposed by this chapter or other law;
  3. The foreign corporation is without a registered agent or registered office in this state for 60 days or more;
  4. The foreign corporation does not inform the Secretary of State under Code Section 14-3-1508 or 14-3-1509 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance;
  5. An incorporator, director, officer, or agent of the foreign corporation signed a document he or she knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or
  6. The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger.

(Code 1981, §14-3-1530, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 66.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Foreign Corporations, § 176.

C.J.S.

- 19 C.J.S., Corporations, §§ 1004, 1005.

No results found for Georgia Code 14-3-1510.