2021 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 2 - Business Corporations
Article 15 - Foreign Corporations
Part 1 - Certificate of Authority
§ 14-2-1510. Service on Foreign Corporation
- The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation.
- If a foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the chief executive officer, chief financial officer, or secretary of the foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State and shall pay a $10.00 filing fee.
- Service is perfected under subsection (b) of this Code section at the earliest of:
- The date the foreign corporation receives the mail;
- The date shown on the return receipt, if signed on behalf of the foreign corporation; or
- Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
- This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
(Code 1981, §14-2-1510, enacted by Ga. L. 1988, p. 1070, § 1; Ga. L. 1990, p. 257, § 27; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 989, § 7.)Cross references.
- Service of process generally, § 9-11-4.Editor's notes.
- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section was applicable with respect to notices delivered on or after July 1, 2000.Law reviews.
- For article summarizing law relating to jurisdiction and venue over domestic and foreign corporations in Georgia, and service therein, see 21 Mercer L. Rev. 457 (1970).
Am. Jur. 2d.
- 36 Am. Jur. 2d, Foreign Corporations, §§ 216 et seq., 476 et seq.C.J.S.
- 19 C.J.S., Corporations, §§ 987, 1030 et seq.ALR.
- Service of process upon actual agent of foreign corporation in action based on transactions outside of state, 30 A.L.R. 255; 96 A.L.R. 366.
Foreign corporations: soliciting subscriptions to or selling corporate stock as doing business within state, 35 A.L.R. 625.
Foreign railway corporation as subject to service of process in state in which it merely solicits interstate business, 46 A.L.R. 570; 95 A.L.R. 1478.
Solicitation within state of orders for goods to be shipped from other state as doing business within state within statutes prescribing conditions of doing business or providing for service of process, 60 A.L.R. 994; 101 A.L.R. 126; 146 A.L.R. 941.
Constitutionality, construction and effect of statute providing for service of process upon statutory agent in action against foreign corporation as regards communication to corporation of fact of service, 89 A.L.R. 658.
Jurisdiction of actions or proceedings involving internal affairs of foreign corporations, 89 A.L.R. 736; 155 A.L.R. 1231; 72 A.L.R.2d 1211.
Effect of agreement by foreign corporation to install article within the state to bring transaction within state control, 101 A.L.R. 356.
Who, other than public official, may be served with process in action against foreign corporation doing business in state, 113 A.L.R. 9.
Requisites of service upon, or delivery to, designated public official, as a condition of substituted service of process on him, 148 A.L.R. 975.
Statute providing for service of process upon designated state official in actions against foreign corporation as applicable to action based on transaction outside state, 162 A.L.R. 1424.
Power of state to subject foreign corporation to jurisdiction of its courts on sole ground that corporation committed tort within state, 25 A.L.R.2d 1202.
Foreign insurance company as subject to service of process in action on policy, 44 A.L.R.2d 416.
Manner of service of process upon foreign corporation which has withdrawn from state, 86 A.L.R.2d 1000.
Federal or state law as controlling, in diversity action, whether foreign corporation is amenable to service of process in state, 6 A.L.R.3d 1103.
Who is "general" or "managing" agent of foreign corporation under statute authorizing service of process on such agent, 17 A.L.R.3d 625.
Validity, construction, and application of "fiduciary shield" doctrine - modern cases, 79 A.L.R.5th 587.