Georgia Commons

Official Code of Georgia Annotated

Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · Chapter 2. BUSINESS CORPORATIONS · Article 1. GENERAL PROVISIONS · Part 2. FILING DOCUMENTS

14-2-126. Appeal from Secretary of State’s refusal to file document.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    If the Secretary of State refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the superior court of the county where the corporation’s registered office is or will be located. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State’s explanation of his refusal to file.#

  2. (b)

    The matter shall promptly be tried de novo by the court without a jury. The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.#

  3. (c)

    The court’s final decision may be appealed as in other civil proceedings.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 14-2-126, enacted by Ga. L. 1988, p. 1070, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t14-(v12)-2017-pdf.pdf, Volume V12, 2017 edition, page 29; merge action: carried; file SHA-256 f2fad2b71b39.

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