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Subject 590-7-27 LIMITED LIABILITY COMPANIES - AUTOMATED DATA PROCESSING SYSTEM

Rule 590-7-27-.01 Authority

The Secretary of State is authorized to establish and maintain a database on electronic data processing equipment. The database established and maintained for entities which file with the Secretary of State pursuant to Title 14 of the Official Code of Georgia Annotated shall also include information on limited liability companies.

Rule 590-7-27-.02 Records

(1) The Secretary of State is authorized to maintain all records and documents required or authorized to be filed by the Code in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, optical disk, electronic disk or diskette storage or other acceptable reproductive methods.
(2) The Secretary of State, after verification of the historic microfilm of limited liability company documents to the automated database maintained by the Secretary of State, may rely on such automated database for the purpose of providing information, certifications, and the issuance of name certificates.
(3) The Secretary of State shall maintain the integrity of the automated database. In the event of a malfunction in the electronic equipment or errors in the software programs, the Secretary of State shall not be liable for the release of incorrect data or the issuance of a name certificate that is not distinguishable from another entity filed with the Secretary of State pursuant to the Code.

Rule 590-7-27-.03 Public Access

(1) The Secretary of State has determined that it is in the public interest to provide efficient and immediate access to the information contained in the automated database. Pursuant to these rules, direct access to the database shall be provided on a non-discriminatory basis.
(2) The Secretary of State is authorized to provide inquiry only access to the automated database on a terminal located in the public access area of the Division, if he or she finds that it is in the public interest to provide such service and sufficient equipment is available to accommodate the demand for such service. In order to provide equal access to the information the Secretary of State is authorized to post a use time schedule for access to such terminal.

Rule 590-7-27-.04 Electronic Filings

(1) The Secretary of State is authorized to accept electronic filings for all documents authorized, permitted, or required to be filed under the Code regarding limited liability companies.
(2) Prior to accepting electronic filings the Secretary of State shall:
(a) Determine that appropriate and sufficient security precautions have been devised to maintain the integrity of the filings and the database; and
(b) Determine that it is in the public interest to offer electronic filings to the public.
(3) The Secretary of State is authorized to develop and publish policies and procedures necessary to effectuate electronic filings into the automated database. Such policies and procedures shall be made available to applicants seeking approval to utilize electronic filing.

Rule 590-7-27-.05 Service Charges

The Secretary of State may impose service charges in order to have immediate electronic access to, or the ability to make electronic filings into, the automated database. Such charges shall be posted on the fee schedule prepared and maintained by the Secretary of State. Service charges may be changed by the posting by the Secretary of State of such changes in the public access area of the Division offices for a minimum of thirty (30) days prior to any such change being effective.