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2018 Georgia Code 46-3-221 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-221 Case Law from Google Scholar Amendments to OCGA 46-3-221

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 4 ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES

46-3-221. Reservation of names.

  1. The exclusive right to the use of a corporate name may be reserved by:
    1. Any person intending to organize an electric membership corporation under this article;
    2. Any electric membership corporation intending to change its name;
    3. Any foreign electric cooperative intending to make application for a certificate of authority to transact business in this state;
    4. Any foreign electric cooperative authorized to transact business in this state and intending to change its name; or
    5. Any person intending to organize a foreign electric cooperative and intending to have such foreign electric cooperative make application for a certificate of authority to transact business in this state.
  2. The reservation shall be made by making application to the Secretary of State to reserve a specified corporate name. If the Secretary of State finds that the name is available for corporate use, he shall reserve the name for the exclusive use of the applicant for a period of four calendar months from the date of filing. An extension of this period may be granted by the Secretary of State for good cause shown.
  3. Any person or electric membership corporation acquiring the right to use the corporate name of an electric membership corporation or other domestic corporation or of a foreign corporation or foreign electric cooperative authorized to transact business in this state may, on furnishing the Secretary of State satisfactory evidence of such acquisition, reserve the exclusive right to such corporate name for a period of five years.
  4. The right to the exclusive use of a specified corporate name reserved as provided in this Code section may be transferred to any person by filing in the office of the Secretary of State a notice of such transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
  5. The Secretary of State may revoke any reservation if, after hearing in his office, he finds that the application therefor or any transfer was not made in good faith.

(Code 1933, § 34C-302, enacted by Ga. L. 1981, p. 1587, § 1.)

PART 4 R EGISTERED OFFICE, REGISTERED AGENTS, SERVICE OF PROCESS, AND VENUE

46-3-240. Registered office and registered agent.

  1. Each electric membership corporation shall have and continuously maintain in this state:
    1. A registered office which may be, but need not be, the same as its place of business; and
    2. A registered agent, which agent may be:
      1. A natural person residing in this state whose business office is identical with such registered office; or
      2. A domestic corporation or a foreign corporation authorized to transact business in this state, such domestic or foreign corporation having a business office identical with such registered office.
  2. The Secretary of State shall maintain current records, alphabetically arranged by corporate name, of the address of each electric membership corporation's registered office and of the name and address of each electric membership corporation's registered agent.
  3. No registered agent shall be appointed without his or its prior written consent. Such written consent shall be filed with or as part of the document first appointing any registered agent and shall be in such form as the Secretary of State may prescribe.

(Code 1933, § 34C-401, enacted by Ga. L. 1981, p. 1587, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 18 Am. Jur. 2d, Corporations, § 306. 19 Am. Jur. 2d, Corporations, §§ 2195, 2196, 2202, 2206, 2212, 2844, 2903.

C.J.S.

- 19 C.J.S., Corporations, § 2053.

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