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2018 Georgia Code 14-9-903 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-9-903 Case Law from Google Scholar Amendments to OCGA 14-9-903

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

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

ARTICLE 9 FOREIGN LIMITED PARTNERSHIPS

14-9-903. Issuance of certificate.

  1. If the Secretary of State finds that an application for certificate of authority conforms to law and all requisite fees and any penalty due pursuant to Code Section 14-9-907 have been paid, he shall:
    1. Stamp or otherwise endorse his official title and the date and time of receipt on the application;
    2. File in his office a copy of the application; and
    3. Issue a certificate of authority to transact business in this state.
  2. The certificate of authority must be returned to the person who filed the application or his representative.
  3. If the certificate of authority is issued by the Secretary of State, a foreign limited partnership shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority.

(Code 1981, §14-9-903, enacted by Ga. L. 1988, p. 1016, § 1.)

COMMENT

Note to Georgia Revised Uniform Limited Partnership Act This section provides for the manner of issuance of the certificate of authority.

Prior Georgia Law There is no provision under prior Georgia law for foreign limited partnerships.

Comparison With Official RULPA Subsection (a) has been changed from the official version to clarify that a foreign limited partnership that has unlawfully transacted business without obtaining a certificate of authority must pay any penalties due before obtaining the certificate.

Other changes from the official version in subsections (a) and (b) permit issuance of the certificate without furnishing two original signed copies. Subsection (c) has been added to clarify that the partnership is authorized to transact business even if the secretary of state failed to note a flaw in the application or to require back payment of fees or penalties.

Cross-References Duty to obtain certificate of authority: § 14-9-902. Secretary of State rules regarding certificate: 590-7-12-.08.

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