Filing Statement With Secretary of State; Appointment of Agent for Service

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Nonresidents and Foreign Entities Acting as Trustees
  6. Filing Statement With Secretary of State; Appointment of Agent for Service

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  1. Prior to the time when any foreign entity acts pursuant to the authority of this article in any fiduciary capacity in this state, the foreign entity shall file with the Secretary of State a verified statement which shall state:
    1. The correct name of the foreign entity;
    2. The name of the state under the laws of which it is incorporated or organized or, if the foreign entity is a national banking association, a statement of that fact;
    3. The address of its principal business office;
    4. In what fiduciary capacity it desires to act in this state;
    5. That it is authorized to act in a similar fiduciary capacity in the state in which it is chartered or licensed or, if it is a national banking association, in which it has its principal place of business;
    6. The name of the governmental entity that issued the charter or license; and
    7. The name and address of a person who may be found and served with notice, summons, or process in this state and who is designated by the foreign entity as its agent for such service.
  2. The statement provided for in subsection (a) of this Code section shall be verified by an officer of the foreign entity, and there shall be filed with it such certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign entity is authorized to act in a fiduciary capacity similar to those in which it desires to act in this state, in the state in which it is chartered or licensed, or, if it is a national banking association, in which it has its principal place of business.
  3. Any foreign entity that acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served.
  4. If a foreign entity fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon such foreign entity by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State. The service shall be sufficient service upon such foreign entity, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff's agent to such foreign entity at the address that is on file with the Secretary of State, and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him or her under this Code section.

(Code 1981, §53-12-323, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 15/SB 134; Ga. L. 2017, p. 193, § 31/HB 143.)

The 2011 amendment, effective May 12, 2011, deleted "and the basis on which it is eligible to act as a fiduciary in Georgia under Code Section 7-1-242" from the end of paragraph (a)(5).

The 2017 amendment, effective June 1, 2017, substituted "chartered or licensed" for "incorporated or organized" in paragraph (a)(5) and near the end of subsection (b); deleted "and" at the end of paragraph (a)(5); added paragraph (a)(6); and redesignated former paragraph (a)(6) as present paragraph (a)(7).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 108-804, are included in the annotations for this Code section.

Prohibition applies to national banks located in states other than Georgia and makes it clear that out-of-state entities may not open trust offices in Georgia. 1980 Op. Att'y Gen. No. 80-156 (decided under former Code 1933, § 108-804).

ARTICLE 16 TRUST INVESTMENTS

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, § 432 et seq.

Am. Jur. Pleading and Practice Forms, Trusts, § 191 et seq.

PART 1 INVESTMENTS GENERALLY


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