Rule 590-7-2-.06 - Contested Cases(1) The Commissioner is not authorized to intervene in a private name infringement action. The Commissioner may provide certified copies of any public document filed pursuant to the Code and the rules promulgated thereunder.(2) The Commissioner may, prior to the issuance of a certificate of incorporation or a certificate of authority, revoke a name certificate if the name certificate is issued for a name which is not distinguishable from the name of another entity filed with the Commissioner 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 incorporation or a certificate of authority has been issued by the Commissioner and the name is not distinguishable from the name of another entity filed with the Commissioner 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 Commissioner may issue an order directing the corporation to file articles of correction or articles of amendment changing its name to a name that is available for use in this state or directing a foreign corporation 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 corporation shall not be required to pay a fee to the Commissioner for such filing.(b) In the event the domestic or foreign corporation 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 and request that the corporation be given written notice of judicial dissolution, pursuant to O.C.G.A. Section 14-2-1430, by an appropriate superior court of this State.Ga. Comp. R. & Regs. R. 590-7-2-.06
O.C.G.A. §§ 14-2-130, 14-3-130, 14-5-23.
Original Rule entitled "Contested Cases" was filed on June 10, 1987; effective July 1, 1987, as specified by the Agency.Amended: ER. 590-7-2-0.22-.06 adopted. F. Jul. 7, 1989; eff. July 3, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said ER., as specified by the Agency.Amended: Permanent Rule adopted. F. Nov. 20, 1989; eff. Dec. 11, 1989, as specified by the Agency.Amended: F. Aug. 7, 1990; eff. Aug. 28, 1990, as specified by the Agency.Amended: F. Dec. 13, 1990; eff. Jan. 2, 1991.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.