Service of Process on Corporation

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  1. A corporation's registered agent is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the corporation.
  2. If a corporation has no registered agent, or the 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 secretary of the corporation at its principal office. Service is perfected under this subsection on the earliest of:
    1. The date the corporation receives the mail;
    2. The date shown on the return receipt, if signed on behalf of the corporation; or
    3. Five days after its deposit in the United States mail, if mailed postage prepaid and correctly addressed.
  3. This Code section does not prescribe the only means, or necessarily the required means, of serving a corporation.

(Code 1981, §14-3-504, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2000, p. 1589, § 3.)

Editor's notes.

- 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.

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Associations and Clubs, § 58. 19 Am. Jur. 2d, Corporations, § 1882 et seq.

C.J.S.

- 7 C.J.S., Associations, § 49. 19 C.J.S., Corporations, §§ 804, 805.

ALR.

- Nonresident director or officer of domestic corporation as subject to constructive service of process in suit or proceeding to enforce duty or obligation to corporation, its stockholders or creditors, 148 A.L.R. 1251.

PART 2 VENUE


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