Rule 590-7-11-.07 - Contested Cases(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 limited partnership or a certificate of authority by the Secretary of State, revoke a name certificate if the certificate is issued for a name which is not distinguishable from the name of another entity 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 limited partnership or 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 partnership to file an amended certificate of limited partnership or articles of correction changing its name to a name that is available for use in this state or directing a foreign limited partnership 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 partnership shall not be required to pay a fee to the Secretary of State for such filing.(b) In the event that the domestic or foreign limited partnership fails to file the appropriate documents to change its name, the Secretary of State may mark the records maintained by the Secretary of State to show the entity's noncompliance and may certify the record to the Attorney General of Georgia and request that the Attorney General begin proceedings to terminate the limited partnership or restrain it from transacting business in this state pursuant to the Code.Ga. Comp. R. & Regs. R. 590-7-11-.07
O.C.G.A. §§ 14-5-23, 14-9-1102, 14-9-1103.
Original Rule entitled "Contested Cases" was filed on June 10, 1988; effective July 1, 1988, as specified by the Agency.Amended: F. Aug. 7, 1990; eff. Aug. 28, 1990, as specified by the Agency.Amended: F. Jul. 1, 1993; eff. July 21, 1993.Note: Subsequent ER adoptions of Rule filed by Agency; see "Admin. Hist."Amended: F. Nov. 26, 2018; eff. Dec. 16, 2018.