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Georgia Code of 2014 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS (Title 14) BUSINESS CORPORATIONS (CHAPTER 2) FOREIGN CORPORATIONS (Article 15) Part 1: AUTHORITY CERTIFICATE 14-2-1503 – Certificate of Authority Application
(a) A foreign company may file an application with the Secretary of State for a certificate of authority to conduct business in this state. The application must include the following information: (1) the foreign corporation’s name or, if that name is not available in this state, a corporate name that meets the requirements of Code Section 14-2-1506; (2) the state or country under whose laws it is incorporated; (3) its date of incorporation; (4) the mailing address of its principal office; and (5) the address of its registered office in this state. (b) The foreign company must submit a certificate of existence (or a document of similar import) duly authenticated by the secretary of state or other official in charge of corporate records in the state or country in which it is incorporated with the completed application.
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A foreign corporation (also known as an out-of-state corporation) is one that was created in a state other than Georgia. You must first register your company with the Georgia Secretary of State in order to extend your business into Georgia.
Any corporation founded in a state other than Georgia is known as an out-of-state corporation, also known as a “Foreign Corporation.” For example, if your business was founded in Alabama but you want to expand into Georgia, you’ll need to register your company with the Georgia Secretary of State.
Acquiring a Certificate of Good Standing or a Certificate of Existence from the state where your corporation was originally incorporated is the first step in obtaining a Certificate of Authority for Foreign Corporation. You can usually find this information on the Secretary of State’s website in that state.
You have 90 days to file an Application for Certificate of Authority for Foreign Corporation with the Georgia Secretary of State if you have the Certificate of Good Standing or Certificate of Existence. This can either be done online or by mailing the application to the office. A filing fee of $225 is required for both methods. The Georgia Secretary of State’s website has a PDF of the application.
As a result, all apostille/authentication requests must be sent via mail or deposited in the Authority’s lobby drop box. Please follow the instructions given at the drop box if depositing in the drop box. If postal, please address your letter to:
Please accept our apologies for having to implement this policy. The welfare of you, your families, and our colleagues, on the other hand, is of paramount importance. As conditions change, we’ll re-evaluate constraints and make adjustments if it’s deemed safe.
Georgia has two different state agencies with the authority to authenticate documents. The agency to which you can send your documents is determined by the purpose for which they will be used. The questions that follow will assist you.
Will the document be used in a country that is a signatory to The Hague Treaty Convention 12 (commonly known as the Apostille Convention), including an embassy or consulate? The list of participating countries can be found HERE.
(1) Documents addressed to foreign embassies or consulates in the United States are called diplomatic documents addressed to that foreign country. (2) An apostille is not used in conjunction with a notary certification. (3) Only notary certifications from the notary’s commissioning county will be accepted by the Georgia Secretary of State.
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Different states have different criteria for determining whether a company requires a Certificate of Authority. Companies that “transact intrastate business” in California, for example, are exempt “A Certificate of Authority is required. This includes having a physical presence in the state, such as a warehouse or sales representative.
In addition to filing the state’s Certificate of Authority form and fee, you may need to obtain additional documentation to demonstrate that your company is in good standing in its home state, i.e., that your company is current on taxes and any other documents you may file. Some states require this statement to be obtained within a certain amount of time after the Certificate of Authority application is submitted, such as 30 or 60 days.
It’s also a good idea to double-check that the name of your company is available in the state where you want to get a Certificate of Authority. If the name you want is already taken, you can use a “doing business as” name “(DBA) is almost certainly required.