Grounds for Revocation of Certificate of Authority; Giving Notice of Revocation

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  1. The certificate of authority of a foreign electric cooperative to transact business in this state may be revoked by the Secretary of State upon the conditions prescribed in this Code section when:
    1. The foreign electric cooperative has failed to file its annual report to the Secretary of State within the time required by Code Section 46-3-481, or has failed to pay any fees or penalties prescribed by this article when they have become due and payable, or has failed to file its annual license or occupation tax return on or before the day such return becomes due;
    2. The foreign electric cooperative has failed to appoint and maintain a registered agent in this state as required by Code Section 46-3-457;
    3. The foreign electric cooperative has failed, after change of its registered office or registered agent, to file in the office of the Secretary of State a statement of such change as required by Code Section 46-3-458;
    4. The foreign electric cooperative has failed to file in the office of the Secretary of State any articles of merger within the time prescribed by Code Section 46-3-461;
    5. The foreign electric cooperative has failed to make application to the Secretary of State for an amended certificate of authority under the circumstances and within the time prescribed by Code Section 46-3-462; or
    6. A misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such foreign electric cooperative pursuant to this article.
  2. No certificate of authority of a foreign electric cooperative shall be revoked by the Secretary of State unless:
    1. He shall have given the foreign electric cooperative not less than 60 days' notice thereof by mail addressed to its registered office in this state; and
    2. The foreign electric cooperative shall fail prior to revocation to file such annual report, or pay such fees or penalties, or file its annual license or occupation tax return, or file the required statement of change of registered agent or registered office, or file such articles of amendment or articles of merger or make application for such amended certificate of authority, or correct such misrepresentation.

(Code 1933, § 34C-1717, enacted by Ga. L. 1981, p. 1587, § 1.)


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