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2018 Georgia Code 14-9-103 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-9-103 Case Law from Google Scholar Amendments to OCGA 14-9-103

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 9. Revised Uniform Limited Partnership Act, 14-9-100 through 14-9-1204.

ARTICLE 1 GENERAL PROVISIONS

14-9-103. Reservation of name.

  1. A person may apply to reserve a name for the purpose of forming a limited partnership by paying the fee specified in Code Section 14-9-1101. If the Secretary of State finds that the limited partnership name applied for is available, he or she shall reserve the name for the applicant's use for 30 days or until the certificate of limited partnership is filed, whichever is sooner. If the Secretary of State finds that the name applied for is not distinguishable for filing purposes upon the records of the Secretary of State, he or she shall notify the applicant who may then submit another reservation request within ten days of the date of the rejection notice without payment of an additional reservation fee.
  2. Upon expiration of a name reservation after 30 days without the filing of a certificate of limited partnership, the name may again be reserved for another 30 day period by the same or another applicant under the same guidelines of subsection (a) of this Code section.
  3. A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee.

(Code 1981, §14-9-103, enacted by Ga. L. 1988, p. 1016, § 1; Ga. L. 1989, p. 931, § 2; Ga. L. 1990, p. 257, § 35; Ga. L. 2003, p. 883, § 5.)

Administrative Rules and Regulations.

- Limited Partnership Name Reservation, Official Rules and Regulations of the State of Georgia, Office of Secretary of State, Limited Partnerships, Chapter 590-7-11.

Law reviews.

- For note on 1989 amendment to this Code section, see 6 Ga. St. U. L. Rev. 184 (1989).

COMMENT

Note to Georgia Revised Uniform Limited Partnership Act This section permits any person to reserve the exclusive right to use of a name for 60 days.

Prior Georgia Law There was no comparable provision.

Comparison With Official RULPA The official version only permits reservation in designated situations, including by "a person intending to organize a limited partnership. . . ." This test serves little purpose and introduces an element of uncertainty. The reservation under RULPA is for 120 day-periods, which can be renewed 60 days after expiration.

Note to 1990 Amendment The 1990 amendment extends the non-renewable name reservation period for limited partnerships from 60 to 90 days.

Cross-References Rules regarding limited partnership name: § 14-9-102. Special one-year name reservation for limited partnerships formed under prior law: § 14-9-1203. Secretary of State Rules on name reservations: 590-7-10.05; 590-7-11.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, § 778.

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