When Previously Used Corporate Name Becomes Available for Use by Others

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  1. The name of a corporation shall become immediately available for use by others upon:
    1. The surrender by the corporation of its franchise;
    2. The effective date of an amendment changing the name of the corporation;
    3. The voluntary or involuntary dissolution of the corporation.
  2. Upon the effective date of a merger or consolidation, the names of the constituent corporations shall become immediately available except insofar as one of such names shall be the name of the surviving or resulting corporation.
  3. Nothing in this Code section shall abrogate or limit the law as to unfair competition or unfair trade practice nor derogate from the common law, or principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks.

(Code 1933, § 22-4204, enacted by Ga. L. 1968, p. 565, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 18A Am. Jur. 2d, Corporations, § 222 et seq., 235 et seq.

C.J.S.

- 18 C.J.S., Corporations, § 133 et seq.

ARTICLE 3 CORPORATE FINANCE

RESEARCH REFERENCES

ALR.

- Corporate stock without par value, 19 A.L.R. 131; 36 A.L.R. 791; 45 A.L.R. 1501; 65 A.L.R. 1347.


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