Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-7 - COMMISSIONER OF CORPORATIONS
Subject 590-7-20 - LIMITED LIABILITY COMPANIES - NAME
Rule 590-7-20-.05 - Contested Cases

Universal Citation: GA Rules and Regs r 590-7-20-.05

Current through Rules and Regulations filed through March 20, 2024

(1) The Secretary of State is not authorized to intervene in a private name infringement action. The Secretary of State may provide certified copies of any public document filed pursuant to the Code and the rules promulgated thereunder.

(2) The Secretary of State may, prior to the issuance of a certificate of organization or a certificate of authority, revoke a name certificate if the name certificate is issued for a name which is not distinguishable from the name of another entity or name reservation filed with the Secretary of State or the name contains any word whose use is restricted by any provision of the Code and rules promulgated thereunder.

(3) In the event that a certificate of organization or a certificate of authority has been issued by the Secretary of State and the name is not distinguishable from the name of another entity filed with the Secretary of State under Title 14 of the Official Code of Georgia Annotated, or the name contains any word whose use is restricted by any provision of the Code or rules promulgated thereunder, the following actions may be taken:

(a) The Secretary of State may issue an order directing the limited liability company to file articles of correction or articles of amendment changing its name to a name that is available for use in this state or directing a foreign limited liability company to file an application for amended certificate of authority changing its name to a name that is available for use in this state. Since this is a ministerial correction of documents, the limited liability company shall not be required to pay a fee to the Commissioner for such filing.

(b) In the event the domestic or foreign limited liability company fails to file the appropriate documents to change its name, the Commissioner may mark the records maintained by the Secretary of State to show the limited liability company's noncompliance and may certify the record to the Attorney General and request that action be taken against the limited liability company according to the provisions of the Code.

O.C.G.A. §§ 14-5-23, 14-11-1105, and 14-11-1106.

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