O.C.G.A.

O.C.G.A. § 48-13-35 (2019)

Appointment of Secretary of State by nonresident contractor as agent for service of process; time; effect on validity of process as to contractor

✓ 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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At the time a contractor registers with the commissioner, the contractor shall make an appointment in writing of the Secretary of State or his successor in office to be his true and lawful agent upon whom may be served all lawful process in any action or proceeding against the nonresident contractor for state and local taxes arising out of any contract executed or being executed in this state. The appointment shall be evidence of the contractor’s agreement that any process against him which is served on the Secretary of State shall be of the same legal force and validity as if served upon him personally within the state.

History

Ga. L. 1961, p. 480, § 4; Code 1933,

§ 91A-6105, enacted by Ga. L. 1978, p. 309, § 2.

Annotations

RESEARCH REFERENCES C.J.S. 72 C.J.S., Process, § 76.

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: George C. Carroll Constr. Co. v. Langford Constr. Co., 355 S.E.2d 756 (Ga. Ct. App. 1987).

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George C. Carroll Constr. Co. v. Langford Constr. Co., 355 S.E.2d 756 (Ga. Ct. App. 1987). · cites it 4× “There was uncontradicted evidence in this case that appellant had submitted itself to the jurisdiction of this state and complied with all the applicable statutes to achieve the status of a domestic corporation or resident contractor.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.