Article Structure
Common mistakes
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Leaving the Corporation's Name Blank: It’s essential to provide the current name of the corporation in Article One. Skipping this step can lead to delays.
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Not Providing the Proposed Name: Article Two requires the new name of the corporation. Failing to fill this out correctly will result in rejection of the form.
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Choosing More Than One Method of Adoption: In Article Three, only one method of adoption should be selected. Marking multiple options will cause confusion.
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Incorrect Date of Adoption: Article Four must have the actual date when the amendment was approved. An incorrect date can lead to legal complications.
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Failure to Certify Publication: Article Five requires a certification that notice of the name change has been published. Not including this certification will invalidate the amendment.
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Not Signing the Form: The form must be signed and dated by the filer. An unsigned form is not valid and will not be processed.
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Omitting the Capacity in Which Signing: It’s important to indicate whether you are an officer, attorney, or another role. This adds clarity to the submission.
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Not Forwarding Publication Notice: Remember, the publication notice should not be sent to the Secretary of State. This common mistake can lead to unnecessary complications.
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Ignoring Legal Counsel: While the form can be filled out independently, it is advisable to seek legal counsel. Not doing so can result in errors that may be costly to fix later.
Essential Points on This Form
What is the purpose of the Articles of Amendment Georgia CD 110 form?
The Articles of Amendment Georgia CD 110 form is specifically designed for corporations wishing to change their name. By filing this amendment to the Articles of Incorporation, a corporation can officially update its name in the state records. This form is optional but provides a structured method to ensure compliance with state regulations when making such a change.
What are the key components that must be included in the CD 110 form?
The CD 110 form requires several critical pieces of information. First, the current name of the corporation must be provided. Next, the proposed new name is to be stated clearly. Additionally, the method by which the amendment was adopted needs to be specified, alongside the date of adoption. Lastly, a certification of publication is required, confirming that notice of the name change has been sent to the appropriate local news outlet.
Is there a fee associated with filing the Articles of Amendment Georgia CD 110 form?
Yes, there is a filing fee of $20.00 that must accompany the submission of the CD 110 form. It is important to ensure that this fee is included to avoid delays in processing the amendment. Additionally, there is a publication fee of $40.00 that pertains to notifying the legal organ of the county regarding the name change.
What should I do if I need assistance with completing the CD 110 form?
While the form provides specific instructions, it is strongly advised to seek legal counsel if you have questions or need assistance. The Secretary of State's staff cannot provide legal advice or guidance on how to complete the form. Consulting a qualified attorney can help ensure that the amendment is filed correctly and in compliance with all legal requirements.
What happens after I submit the Articles of Amendment Georgia CD 110 form?
Once the CD 110 form is properly completed and submitted, along with the necessary fees, the Secretary of State will process the amendment. It is crucial to ensure that the publication notice is sent to the appropriate news organ within the stipulated timeframe. The corporation's name will be officially updated in state records once the amendment is processed, and it is advisable to keep a copy of the filed amendment for your records.
Check out Common Templates
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Articles Of Amendment Georgia Cd 110 Sample
Instructions for completing form (CD 110).
Important – Please Read. A corporation’s name is changed by filing an amendment to the Articles of Incorporation. Form CD 110 may be used for this specific purpose. Use of this form is optional. Form CD 110 is not intended to replace competent legal counsel. Secretary of State staff is not authorized to provide legal counsel or explain the steps necessary to successfully change a corporation’s name or to complete this form. It is for this reason filers are strongly urged to seek competent legal counsel in this matter. Articles may also be drafted pursuant O.C.G.A.
Article One |
Name of the corporation |
Provide the present name of the corporation. |
Article Two |
State the amendment |
Provide the proposed name of the corporation. |
Article Three |
Method Of Adoption |
O.C.G.A. |
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specific disclosures about the details of the |
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approval of the amendment. Choose only one |
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of the preferred methods identified on the form. |
Article Four |
Date Of Adoption |
Provide actual date amendment was |
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approved by one of the methods identified in |
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article three. |
Article Five |
Certification of Publication |
Filer must provide a written statement, which |
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may appear in the articles of amendment |
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certifying that notice of change of corporate |
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name along with payment thereof has been or |
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will be forward to the official organ of the county |
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where the registered office is located. Filer may |
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satisfy the statutory requirement for certification |
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by signing this form. Note: do not forward |
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publication notice to the Secretary Of State. |
Signature |
The form is properly executed when signed and dated by filer. Filer must |
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indicate the capacity in which signing (i.e. officer, attorney etc.). In so signing |
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filer is further certifying publication notice has been or will be forwarded to the |
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appropriate news organ no later than the next business day following delivery of the articles of amendment to the Secretary Of State (O.C.G.A.
Office Of The Secretary Of State |
Brian P. Kemp |
Corporations Division |
Secretary Of State |
Articles Of Amendment
Of
Articles Of Incorporation
Article One
The Name Of The Corporation Is:
_____________________________________________________________________________
Article Two
The Corporation Hereby Adopts The Following Amendment To Change The Name Of The Corporation.
The New Name Of The Corporation Is:
________________________________________________________________________
Article Three
The Amendment Was Duly Adopted By The Following Method (choose one box only):
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The amendment was adopted by the incorporators pursuant to O.C.G.A. |
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The amendment was adopted by a sufficient vote of the members of the corporation. |
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The amendment was adopted by the board of directors: (choose one additional box below) |
a) |
With member approval |
b) |
Without member approval as member approval was not required. |
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Article Four |
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The Date Of The Adoption Of The Amendment Was: |
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___________________________________________________________________ |
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Article Five |
The Undersigned Does Hereby Certify That A Notice To Publish The Filing Of Articles Of Amendment To Change The Corporation’s Name Along With The Publication Fee Of $40.00 Has Been Forwarded To The Legal Organ Of The County Of The Registered Office As Required By O.C.G.A.
IN WITNESS WHEREOF, the undersigned has executed these Articles Of Amendment
On _________________________ |
_____________________ ___________________ |
(Date) |
(Signature And Capacity in which signing) |
Form CD 110
Key takeaways
Filling out the Articles of Amendment Georgia CD 110 form is a straightforward process, but there are important details to keep in mind. Here are some key takeaways:
- Purpose of the Form: This form is specifically used to change a corporation's name by filing an amendment to the Articles of Incorporation.
- Optional Use: Using Form CD 110 is optional. Corporations may choose to draft their own articles under O.C.G.A. §14-3-1005.
- Legal Counsel: It is strongly advised to seek competent legal counsel when completing this form. Secretary of State staff cannot provide legal advice.
- Filing Fee: The entire form must be submitted along with a filing fee of $20.00.
- Completing the Form: Fill out all sections completely. This includes providing the current name of the corporation and the proposed new name.
- Method of Adoption: You must select one method of approval for the amendment. This could be by incorporators, members, or the board of directors.
- Publication Requirement: A written statement certifying that notice of the name change has been or will be published must be included. Do not send this notice to the Secretary of State.
- Signature: The form needs to be signed and dated by the filer, who should also indicate their capacity (e.g., officer, attorney).
Understanding these points will help ensure a smooth process when filing your Articles of Amendment in Georgia.
Document Characteristics
| Fact Name | Description |
|---|---|
| Purpose | Form CD 110 is used to amend the Articles of Incorporation to change a corporation's name. |
| Optional Use | Using Form CD 110 is optional; it does not replace the need for legal counsel. |
| Governing Law | The form is governed by O.C.G.A. §14-3-1002 through §14-3-1005. |
| Filing Fee | A filing fee of $20.00 must accompany the completed form. |
| Method of Adoption | Filers must choose one method of adoption for the amendment as per Article Three. |
| Date of Adoption | The actual date the amendment was approved must be provided in Article Four. |
| Certification of Publication | A written statement certifying that notice has been or will be published is required. |
| Signature Requirement | The form must be signed and dated by the filer, indicating their capacity. |
| Legal Organ Notification | Filers must forward the publication notice to the appropriate legal organ of the county. |