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GA SB348

Bill

Status

Introduced

1/26/2012

Primary Sponsor

Ronnie Chance

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Origin

Senate

2011-2012 Regular Session

AI Summary

  • Amends Georgia Code Section 9-11-4 to narrow personal service of a summons on a domestic or authorized foreign corporation, requiring service be made on the corporation's registered agent rather than on a broader list that previously included the president, other officers, secretary, cashier, or managing agent
  • Allows the Secretary of State to serve as the corporation's agent for service of process when service cannot be had on the registered agent, replacing the prior broader language of "for any reason service cannot be had in such manner"
  • Requires the plaintiff or plaintiff's attorney to certify to the Secretary of State that the corporation has failed to appoint a registered agent in the state, removing the prior alternative that the corporation failed to maintain a registered office
  • Eliminates the prior requirement that, when a known officer of the corporation has a last known address outside the state, the plaintiff must also mail a copy of the summons and complaint to that officer by registered/certified mail or statutory overnight delivery
  • Retains the 30-day response window from the date the Secretary of State receives certification when service is made through the Secretary of State

Legislative Description

Civil Practice; personal service of a summons on a corporation; provisions

Last Action

Senate Tabled

3/7/2012

Committee Referrals

Special Judiciary1/26/2012

Full Bill Text

No bill text available