The following Official Code of Georgia Annotated (“Code”) sections specify when the entities and individuals described below may be served through the Secretary of State:
- O.C.G.A. § 9-11-4(e)(1) * - Domestic and foreign corporations registered with the Secretary of State.
- O.C.G.A. § 14-2-1510(b) - Foreign profit corporations authorized to transact business in Georgia.
- O.C.G.A. § 14-2-1520(c) - Foreign profit corporations that have formally withdrawn from transacting business in Georgia.
- O.C.G.A. § 14-3-1510(b) - Foreign non-profit corporations authorized to transact business in Georgia.
- O.C.G.A. § 14-3-1520(c) - Foreign non-profit corporations that have formally withdrawn from transacting business in Georgia.
- O.C.G.A. § 14-8-46(i)* - Foreign limited liability partnerships authorized to transact business in Georgia.
- O.C.G.A. § 14-8-50(c) - Foreign limited liability partnerships that have formally withdrawn from transacting business in Georgia.
- O.C.G.A. § 14-9-104(g)* - Domestic limited partnerships registered with the Secretary of State.
- O.C.G.A. § 14-9-902.1(i)* - Foreign limited partnerships authorized to transact business in Georgia.
- O.C.G.A. § 14-9-906 - Foreign limited partnerships that have formally withdrawn from transacting business in Georgia.
- O.C.G.A. § 14-11-209(f)* - Domestic limited liability companies registered with the Secretary of State.
- O.C.G.A. § 14-11-703(h)* - Foreign limited liability companies authorized to transact business in Georgia.
- O.C.G.A. § 40-12-2* - Nonresident motorists.
- O.C.G.A. § 40-1-117 - Nonresident motor carriers.
Note: Asterisk (*) denotes that a certified writing or affidavit is required.
With the exception of filings made pursuant to O.C.G.A.§ 40-1-117, the Corporations Division of the Secretary of State’s Office merely accepts substituted service of process, and does not forward these filings to the designated individual or entity. If a substituted service of process filing is accepted and filed, our office will send a Certificate of Acknowledgement to the filer reflecting the date it was filed. Any substituted service of process that is not complete or appropriate for filing will not be accepted and a notice explaining why service was not accepted will be sent to the filer.
Please note that service of process in which the Secretary of State is named as a defendant or party in the action should be directed to the Georgia Secretary of State, Attn: General Counsel, 214 State Capitol, Atlanta, GA 30334.
Questions regarding the filing of substituted service of process should be directed to (404) 656-2817.