Appointment of Secretary of State as Agent for Service of Process

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Multilevel Distribution Companies; Sale of Business Opportunities
  7. Appointment of Secretary of State as Agent for Service of Process

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  1. Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall irrevocably appoint the Secretary of State of this state as its agent for service of process for any alleged violation of this part and shall pay a $10.00 filing fee. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state.
  2. Any seller which numbers among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby irrevocably appointed the Secretary of State as its agent for service of process for any alleged violation of this part.
  3. Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the last known post office address of such seller; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail or statutory overnight delivery addressed to such seller at the address given in such affidavit.

(Code 1981, §10-1-416, enacted by Ga. L. 1988, p. 1868, § 1; Ga. L. 1992, p. 2370, § 6; Ga. L. 2000, p. 1589, § 3; Ga. L. 2002, p. 989, § 1.)

Editor's notes.

- Ga. L. 1988, p. 1868, § 1, effective July 1, 1988, redesignated former Code Section 10-1-416 as present Code Section 10-1-417.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

- For note, "The Georgia Sale of Business Opportunities Act," see 1 Ga. St. U.L. Rev. 219 (1985).


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