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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

14-3-126. 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 the Secretary of State’s office for filing, the document may be resubmitted within 30 days accompanied by an opinion in a record from an attorney admitted to practice in this state stating why the document conforms to law and the authorities upon which the opinion is based. The Secretary of State may rely with respect to any disputed point of law upon the opinion in determining whether the document conforms to law.#

  2. (b)

    If the Secretary of State refuses to file a document delivered to the Secretary of State’s office for filing, as an alternative to resubmitting the document under subsection (a) of this Code section or following a refusal by the Secretary of State to file the document after it is resubmitted under subsection (a) of this Code section, the domestic corporation or foreign corporation may appeal the refusal to the superior court. Such appeal must be filed with the superior court within 30 days after the return of the document by the Secretary of State. The appeal is commenced by petitioning the court to compel filing of the document and by attaching to the petition the document and the Secretary of State’s explanation of his or her refusal to file.#

  3. (c)

    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.#

  4. (d)

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

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

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, § 14-3-126, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 68; Ga. L. 2023, p. 419, § 1-1/SB 148, effective July 1, 2023.

Amendments

The 2023 amendment, effective July 1, 2023, added subsection (a); redesignated former subsections (a) through (c) as present subsections (b) through (d), respectively; and rewrote the first sentence of present subsection (b), which formerly read: “If the Secretary of State refuses to file a document delivered to his or her 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.”

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)-pdf.pdf, Volume V12, 2017 edition, 2025 supplement, pages 45 to 46; merge action: replaced; file SHA-256 b004123363dc.