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2018 Georgia Code 14-4-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-4-22 Case Law from Google Scholar Amendments to OCGA 14-4-22

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 4. Secretary of State Corporations, 14-4-1 through 14-4-183.

ARTICLE 2 INCORPORATION

14-4-22. Use of name of another without consent.

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 corporation.

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

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.

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