O.C.G.A.

O.C.G.A. § 14-4-22 (2019)

Use of name of another without consent

✓ 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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Whenever application is made to the Secretary of State to obtain a charter or the authorization of articles of incorporation for any purpose, it shall be unlawful for the applicant either to use the name of any person, order, lodge, society, or corporation as a corporate name or to mention any such name in connection with the purpose of such proposed organization without furnishing at the time of application an affidavit of consent executed by such person, order, lodge, society, or

CORPORATIONS & PARTNERSHIPS corporation.

History

(Ga. L. 1923, p. 82, § 1; Code 1933, § 22-202; Code 1933, § 22-4201, enacted by Ga. L. 1968, p. 565, § 1.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 22-202, are included in the annotations for this Code section. Motion to revoke and set aside incorporation because of prior use of name. - A motion to revoke and set aside an order of incorporation on the grounds of movant’s prior use of the name used by the corporation and arguing that the order of incorporation had been improvidently granted because movant had not been given notice before the order of incorporation, and praying that the order of incorporation be set aside insofar as the

use of the name claimed by movant was concerned, is not an equity case within the meaning of that term as used in Ga. Const. 1983, Art. VI, Sec. VI, Para. III, defining the jurisdiction of the Supreme Court. The grounds of the motion are not such as are relievable only in equity. On the contrary, the motion is one to set aside an order of the court on an alleged legal ground. A court of law has jurisdiction to entertain such a motion in a proper proceeding by petition, with rule nisi or process, and to grant the relief prayed. Methodist Episcopal Church S., Inc. v. Decell, 60 Ga. App. 843, 5 S.E.2d 66 (1939) (decided under former Code 1933, § 22-202).

RESEARCH REFERENCES Am. Jur. 2d. - 18A Am. Jur. 2d, Corporations, §§ 238 et seq.

C.J.S. - 18 C.J.S., Corporations, § 132 et seq.