Subject 590-7-8 AUTOMATED DATA PROCESSING SYSTEM
The Commissioner is authorized to establish and maintain a
corporate database on electronic data processing equipment. The equipment and
software must be procured, developed and maintained in accordance with
standards set forth and approved by the Computer Services Division of the
Department of Administrative Services (DOAS).
| (1) |
The
Commissioner is authorized to maintain all records and documents required or
authorized to be filed by the Code, including but not limited to, applications,
articles of incorporations, dissolutions, amendments, annual registrations and
merger documents, 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 Commissioner, after verification of
the historic microfilm of corporate documents to the automated database
maintained by the Commissioner, may rely on such automated database for the
purpose of providing corporate information, certifications, and the issuance of
corporate name certificates. |
| (3) |
The Commissioner shall maintain the integrity of the automated database in
accordance with standards prescribed by the Georgia Department of
Administrative Services and any Georgia laws. In the event of a malfunction in
the electronic equipment or errors in the software programs, the Commissioner
shall not be liable for the release of incorrect corporate data or the issuance
of a corporate name certificate that is not distinguishable from another
corporation filed pursuant to the Code. |
| (1) |
The Commissioner 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 and
subject to equipment availability, direct access to the database shall be
provided on a non-discriminatory basis. |
| (2) |
The Commissioner 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 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 Commissioner is authorized to post a use time schedule for
access to such terminal. |
| (3) |
The
Commissioner may enter into agreements to provide direct access to the
automated database with Corporate Services Organizations, provided that:
| (a) |
The Commissioner determines that access
to and the intended use of the data is not adverse to the public
interest; |
| (b) |
the automated data
processing equipment will support the demands placed on its operation by the
Corporate Service Organization; and |
| (c) |
the Corporate Service Organization:
| 1. |
files an application that will include the
intended use of the data to the Commissioner and provides the Commissioner the
information requested on the application form; |
| 2. |
agrees to conform with the policies and
procedures set forth by the Commissioner concerning the utilization of the
access; |
| 3. |
pays the installation
and service charge set forth in published fees and services charges maintained
by the Commissioner; |
| 4. |
agrees to
pay the transaction fees and charges set forth in the published fees and
service charges maintained by the Commissioner or establishes a depository
account to be used for the payment of such fees or charges: |
| 5. |
agrees to pay the cost of any software
necessary to provide direct access; and |
| 6. |
provides and pays for all modems, data
transmission lines and communications equipment and charges directly related to
the access. |
|
|
| (4) |
The Commissioner may disconnect the
direct access provided by this Rule in the event he determines, after notice
and opportunity for hearing, that:
| (a) |
the
automated data processing equipment will not support the direct access and
allow the staff of the Commissioner to perform its required
functions; |
| (b) |
the Corporate
Service Organization is violating the terms of its agreement with the
Commissioner or its use of access is not in the public interest; or |
| (c) |
The Corporate Service Organization is
delinquent in payments to the Commissioner of charges due under the terms of
the agreement and as published in the fees and charges maintained by the
Commissioner. |
|
| (5) |
Neither the Commissioner, nor his staff, shall be liable for any services or
information provided by a Corporate Service Organization to any person or
entity. |
| (1) |
The Commissioner is authorized to accept
electronic filings for all documents authorized, permitted, or required to be
filed under the Code, including, but not limited to articles of incorporation,
applications for certificates of authority, annual registrations, amendments,
mergers, consolidations, dissolutions, and changes of registered agents or
offices. |
| (2) |
Prior to accepting
electronic filings the Commissioner shall:
| (a) |
determine that appropriate and sufficient security precautions have been
devised to maintain the integrity of the filings and the database; |
| (b) |
obtain the approval from the Computer
Services Division of the Department of Administrative Services certifying that
adequate electronic safeguards exist to maintain the integrity of the
electronic files; and |
| (c) |
determine
that it is in the public interest to offer electronic filings to the
public. |
|
| (3) |
The
Commissioner is authorized to develop and publish policies and procedures
necessary to effectuate electronic filings into the corporate database. Such
policies and procedures shall be made available to applicants seeking approval
to utilize electronic filing. |
The Commissioner may impose service charges in order to have
immediate electronic access to, or the ability to make electronic filings into,
the corporate database or a database maintained by a Corporate Service
Organization. Such charges shall be posted on the Fee Schedule prepared and
maintained by the Commissioner. Service charges may only be changed by the
posting by the Commissioner 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.
