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Subject 590-7-6 CORPORATIONS - CERTIFICATION OF DOCUMENTS

Rule 590-7-6-.01 Certificates, Copies, and Certified Copies

(1) The Commissioner shall provide:
(a) Copies or certified copies of any document, instrument, data, or paper relating to a corporation as available on the automated database, microfilm files, or other records maintained by the Commissioner; and
(b) Certificates as authorized by the Code and rules promulgated thereunder.
(2) The Commissioner is authorized to establish and impose minimum fees for the production and delivery of requested documents and certificates. Charges for such certificates and services shall be those published in the fee schedule maintained by the Commissioner.
(3) Certificates and documents must be requested in written form or in electronic form, if available.
(4) The use of electronic ordering shall be in the manner authorized by the Commissioner for such purpose. The Commissioner may establish minimum fees for such electronic orders and provide for electronic funds transfer for the payment of such fees.
(5) Applicants must pay the applicable fees in advance, unless arrangements have been previously approved for invoicing charges for services.
(6) A submitted order will be reviewed to determine if copies and certificates can be prepared as requested, based on information contained in the automated database, the microfilm files, and the other records maintained by the Commissioner. An order will be considered to have been completed when the order is processed or rejected and supporting documentation has been forwarded to the applicant.
(7) Pickup service is not available unless expedited processing is requested and approved.
(8) Expedited processing of certificates may be obtained by submitting a request for expedited processing. Expedited service may not be available if the requested documents have been referred to the Georgia Archives or other off-site storage facilities. The request for expedited processing must be accompanied by the payment of the fee published in the fee schedule maintained by the Commissioner, in addition to the applicable service fee. Form of payment shall be in the manner provided in Rule 590-7-1-.09. In the event expedited service is authorized, the documents, if available, and the certificate will be prepared and furnished within the time frame specified on the fee schedule maintained by the Commissioner. An expedited request for copies or certificates will be considered to have been completed when the order is processed or rejected and supporting documentation has been forwarded to the applicant.

Rule 590-7-6-.02 Requests for Information

(1) The Commissioner may accept, but is not required to accept, telephone or electronic requests for copies of documents and the certification of such documents.
(2) The applicant will be informed whether the requested documents are available based on the information contained in the automated database. All documents regarding foreign corporations must be requested from the state in which the foreign corporation was originally incorporated ("home state") except the following documents if such information or document is on file with the Commissioner:
(a) Application for a Certificate of Authority or amended Certificate of Authority;
(b) Certificate of Authority to transact business;
(c) Certificate of Existence from the home state;
(d) Annual registration in Georgia.
(3) If the documents appear to be available, the applicant may place an order for said documents or certificates as provided in Rule 590-7-6-.01.

Rule 590-7-6-.03 [Repealed]

Rule 590-7-6-.04 Certificate of Corporate History (Long Form Certificate)

If a written request is made, the Commissioner will provide a certificate of corporate history. A cost reimbursement will be assessed and will be based on the amount of research time needed to prepare the certificate. The minimum charge for a complete historic research and the production of documents and certificates shall be published in the fee schedule published and maintained by the Commissioner.

Rule 590-7-6-.05 Forms of Certificates

(1) The certificates provided by the Secretary of State shall include, but are not limited to, the following:
(a) Certificate of Existence. This certificate is generated from the automated database for active corporations in good standing and in compliance with the applicable filing and annual registration provisions of the Code.
(b) Certificate of Search. This certificate is generated from the automated database for entities not found filed of record with the Secretary of State.
(c) Certificate of Noncompliance. This certificate is generated from the automated database for domestic and foreign corporations on file with the Secretary of State that are not in good standing and are not in compliance with the applicable filing and annual registration provisions of the Code.
(d) Certificate of Registered Agent and Registered Office. This certificate is generated from the automated database and states the registered agent and registered office of record for a domestic or foreign corporation.
(e) Certified Copies of Documents. This certificate is generated from the automated database for any document, instrument, or paper relating to a domestic or foreign corporation as available on the automated database, microfilm files, or other records maintained by the Secretary of State.
(f) Certificate of Fact - Special Research Request. Certificates of Fact will be prepared and issued if a detailed request is made to the Secretary of State in writing. The staff will not interpret legal documents but will provide certifications of filings, names, and dates after conducting research of the records of the Secretary of State.