2021 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 3 - Nonprofit Corporations
Article 15 - Foreign Corporations
Part 1 - Certificate of Authority
§ 14-3-1510. Service of Process on Foreign Corporation

1. The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of any process, notice, or demand required or permitted by law to be served on the foreign corporation.
2. 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.
3. Service is perfected under subsection (b) of this Code section at the earliest of:
   1. The date the foreign corporation receives the mail;
   2. The date shown on the return receipt, if signed on behalf of the foreign corporation; or
   3. Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
4. This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
5. For service in a proceeding to enforce any obligation of a domestic corporation party to a merger, see subsection (b) of Code Section 14-3-1106.

(Code 1981, §14-3-1510, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 989, § 11.)

- Service of process generally, § 9-11-4.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, and rendered prior to the 2000 amendment are included in the annotations for this Code section.

- Service of process made on a franchise is not effective as to the franchisor, since a franchise contract under which one operates a type of business on a royalty basis does not create an agency or a partnership relationship. Arthur Murray, Inc. v. Smith, 124 Ga. App. 51, 183 S.E.2d 66 (1971) (decided under former Code 1933).

Cited in Castleberry v. Gold Agency, Inc., 124 Ga. App. 694, 185 S.E.2d 557 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Foreign Corporations, § 476 et seq.

- 19 C.J.S., Corporations, §§ 987, 1030 et seq.

- Foreign corporations: soliciting subscriptions to or selling corporate stock as doing business within state, 35 A.L.R. 625.

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.

Statute providing for service of process upon designated state official, in action against foreign corporation, as applicable to action based on transaction outside the state, 145 A.L.R. 630; 162 A.L.R. 1424.

Solicitation within state (or District of Columbia) 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, 146 A.L.R. 941.

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.

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.

Vicarious liability of private franchisor, 81 A.L.R.3d 764.