LC
14 9762
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 15 of Chapter 2 of Title 14 of the Official Code of
Georgia Annotated, relating to revocation of certificates of authority of
foreign corporations, so as to provide for expedited revocation in the case of a
foreign telecommunications corporation willfully refusing to pay taxes, fees, or
assessments; to provide for criminal penalties for doing business by or with
such a corporation after revocation; to provide for procedure; to define a term;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 15 of Chapter 2 of Title 14 of the Official Code of Georgia
Annotated, relating to revocation of certificates of authority of foreign
corporations, is amended by revising Code Section 14-2-1530, relating to grounds
for revocation, as follows:
"14-2-1530.
(a)
The Secretary of State may commence a proceeding under Code Section 14-2-1531 to
revoke the certificate of authority of a foreign corporation authorized to
transact business in this state if:
(1)
The foreign corporation does not deliver its annual registration to the
Secretary of State within 60 days after it is due;
(2)
The foreign corporation does not pay within 60 days after they are due any fees,
taxes, or penalties imposed by this chapter or other law;
(3)
The foreign corporation is without a registered agent or registered office in
this state for 60 days or more;
(4)
The foreign corporation does not inform the Secretary of State under Code
Section 14-2-1508 or 14-2-1509 that its registered agent or registered office
has changed, that its registered agent has resigned, or that its registered
office has been discontinued within 60 days of the change, resignation, or
discontinuance;
(5)
An incorporator, director, officer, or agent of the foreign corporation signed a
document he or
she knew was false in any material respect
with intent that the document be delivered to the Secretary of State for filing;
or
(6)
The Secretary of State receives a duly authenticated certificate from the
secretary of state or other official having custody of corporate records in the
state or country under whose law the foreign corporation is incorporated stating
that it has been dissolved or disappeared as the result of a
merger.
(b)(1)
The Secretary of State shall promptly revoke the certificate of authority of a
foreign telecommunications corporation which has through one or more of its
authorized officers or agents failed to pay any taxes, fees, or penalties
imposed by this chapter or other law and has communicated to an agent or officer
of the state a willful intention to refuse to pay any of such taxes, fees, or
penalties.
(2)
In the case of a revocation under this subsection, it shall be a misdemeanor of
a high and aggravated nature for the corporation or any of its authorized
officers or agents to conduct any business in this state while the revocation is
in effect.
(3)
In the case of a revocation under this subsection, it shall be a misdemeanor for
any other person knowingly to conduct any business with the corporation whose
certificate of authority has been revoked while the revocation is in effect.
Any violation of this paragraph shall be punished by a fine not to exceed
$1,000.00.
(4)
The procedure for a revocation under this subsection shall be as provided in
Code Section 14-2-1531, except that the period of time for the foreign
corporation to cure its noncompliance or demonstrate its compliance under
subsection (b) of that Code section shall be 20 days.
(5)
As used in this subsection, the term 'foreign telecommunications corporation'
means any foreign corporation engaged in the provision of any method by which a
9-1-1 emergency call is delivered to a public safety answering point, including
local exchange telephone service or other telephone communication service,
wireless service, prepaid wireless service, mobile telecommunications service,
computer service, Voice over Internet Protocol service, or any technology that
delivers or is required by law to deliver a call to a public safety answering
point."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.