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