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Official Code of Georgia Annotated

Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · Chapter 3. NONPROFIT CORPORATIONS · Article 1. GENERAL PROVISIONS · Part 2. DOCUMENTS

14-3-125. Filing duty of Secretary of State; effect of filing or refusing to do so.

Active

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

  1. (a)

    If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Code Section 14-3-120, the Secretary of State shall file it.#

  2. (b)

    The Secretary of State files a document by stamping or otherwise endorsing the Secretary of State’s official title and the date and time of receipt on the document. After a document is filed, the Secretary of State shall deliver a copy of the document to the domestic corporation or foreign corporation to which the document relates or the person making the filing or the person’s representative.#

  3. (c)

    If the Secretary of State refuses to file a document, the Secretary of State shall return the document to the domestic corporation or foreign corporation to which the document relates or the person making the filing or the person’s representative within ten days after the document was delivered, together with a brief written explanation of the reason for his or her refusal.#

  4. (d)

    The Secretary of State’s duty to file documents under this Code section is ministerial. Filing or refusing to file a document does not:#

    1. (1)

      Affect the validity or invalidity of the document in whole or in part;#

    2. (2)

      Relate to the correctness or incorrectness of information contained in the document; or#

    3. (3)

      Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.#

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, § 14-3-125, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, §§ 66, 68; Ga. L. 2023, p. 419, § 1-1/SB 148, effective July 1, 2023.

Amendments

The 2023 amendment, effective July 1, 2023, rewrote subsections (b) and (c), which read: “(b) The Secretary of State files a document by stamping or otherwise endorsing his or her official title and the date and time of receipt on both the original and the document copy. After filing a document, except as provided in Code Sections 14-3-503 and 14-3-1510, the Secretary of State shall deliver the document copy to the domestic or foreign corporation or its representative. “(c) If the Secretary of State refuses to file a document, he or she shall return it to the domestic or foreign corporation or its representative within ten days after the document was delivered, together with a brief, written explanation of the reason for his or her refusal.”

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

Text read from t14-(v12)-pdf.pdf, Volume V12, 2017 edition, 2025 supplement, pages 44 to 45; merge action: replaced; file SHA-256 b004123363dc.

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