There is a newer version of this Section
2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 3 - Electrical Service
Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives
Part 3 - Corporate Name
§ 46-3-221. Reservation of Names
Universal Citation: GA Code § 46-3-221 (2020)
- The exclusive right to the use of a corporate name may be reserved by:
- Any person intending to organize an electric membership corporation under this article;
- Any electric membership corporation intending to change its name;
- Any foreign electric cooperative intending to make application for a certificate of authority to transact business in this state;
- Any foreign electric cooperative authorized to transact business in this state and intending to change its name; or
- Any person intending to organize a foreign electric cooperative and intending to have such foreign electric cooperative make application for a certificate of authority to transact business in this state.
- The reservation shall be made by making application to the Secretary of State to reserve a specified corporate name. If the Secretary of State finds that the name is available for corporate use, he shall reserve the name for the exclusive use of the applicant for a period of four calendar months from the date of filing. An extension of this period may be granted by the Secretary of State for good cause shown.
- Any person or electric membership corporation acquiring the right to use the corporate name of an electric membership corporation or other domestic corporation or of a foreign corporation or foreign electric cooperative authorized to transact business in this state may, on furnishing the Secretary of State satisfactory evidence of such acquisition, reserve the exclusive right to such corporate name for a period of five years.
- The right to the exclusive use of a specified corporate name reserved as provided in this Code section may be transferred to any person by filing in the office of the Secretary of State a notice of such transfer, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
- The Secretary of State may revoke any reservation if, after hearing in his office, he finds that the application therefor or any transfer was not made in good faith.
(Code 1933, § 34C-302, enacted by Ga. L. 1981, p. 1587, § 1.)
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