GA - GAC
Rules and Regulations of the State of Georgia
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Subject 590-7-9 CORPORATIONS - SERVICE OF PROCESS

Rule 590-7-9-.01 Designated Agents

The Secretary of State or Assistant Corporation Commissioner shall designate by written order certain staff members of the Division to accept service of process on behalf of the Secretary of State.

Rule 590-7-9-.02 Receipt of Service

(1) Whenever by statute the Secretary of State is appointed or deemed to have been appointed the agent of any individual or entity for the purpose of service of any process, the Secretary of State may be served by:
(a) Mailing the required documents and fees to the Secretary of State at 2 Martin Luther King, Jr. Drive, Suite 313, West Tower, Atlanta, Georgia 30334;
(b) Delivering the required documents and fees to the address referred to in subparagraph (a) above; or
(c) By electronic transmission in the manner authorized by the Division on its website.

Rule 590-7-9-.03 Processing

(1) Service of process documents filed at the office of the Secretary of State shall be processed in time receipt order. Expedited processing shall not be available for service of process filings.
(2) All requests for service of process on the Secretary of State shall be accompanied by:
(a) One complete copy for each party to be served, with said copy to include a summons dated and signed by the appropriate Clerk of Court and a complete complaint including civil action number;
(b) A statement identifying the Code section under which the filing is made;
(c) If required by the applicable Code section, an affidavit which meets all the provisions of that Code section; and
(d) The payment of the fees as required by the Code or as listed on the fee schedule published by the Secretary of State.
(3) The Secretary of State shall issue to the person making the filing:
(a) An acknowledgement of receipt; or
(b) A certificate of filing of documents filed with the Secretary of State.

Rule 590-7-9-.04 Returned Documents

(1) Documents must be complete. The Commissioner may return any documents that are not complete and appropriate for filing. The returned documents shall be accompanied by a Notice with an explanation of the rejection or any deficiencies and an acknowledgement of the receipt by the Secretary of State of the filing fee.
(2) Correcting deficient filings. The documents may be corrected and returned to the Commissioner for processing. The filer must attach to the corrected and returned documents a copy of the Notice issued by the Secretary of State. If the documents are returned to the Commissioner by the applicant within sixty (60) days of the date of the Notice, the filing date will be the date the corrected and completed filing is received by the Commissioner.
(3) Abandoned filings. If the filing is not returned to and received by the Commissioner within sixty (60) days of the date of the Notice, it will be deemed abandoned and all records pertaining to the filing will be destroyed. A new filing, including payment of filing fees to the Secretary of State, will be required to complete the filing.

Rule 590-7-9-.05 Fees

All fees, whenever possible, shall be paid by check. Each check shall have the name of the case written on it. Fees are non-refundable once the service documents are filed with the Commissioner except as provided by statute.

Rule 590-7-9-.06 Repealed

Rule 590-7-9-.07 Repealed

Rule 590-7-9-.08 Repealed