Title 14, Chapter 4, Section 160
( 14-4-160)
(a) A corporation may forfeit its charter: (1) By failure to file its annual registration with the Secretary of State as required by Code Section 14-4-180 or by failure to file its annual license or occupational tax return on or before the day such return becomes due; (2) By having procured its charter through fraud; or (3) By continuing to violate the laws of this state in a manner
likely to injure the public or the corporation's shareholders,
creditors, or debtors after written notice by the Secretary of
State to the corporation at its last known address as shown by the
records of the Secretary of State, except that the Secretary of
State shall not declare a forfeiture on this ground so long as the
corporation is contesting in good faith in any appropriate
judicial or administrative proceeding the alleged violation or
violations of the laws of this state. (b) Forfeiture may be declared by the Secretary of State for the
reasons stated in this Code section, and such a forfeiture shall
have the effect of dissolving the corporation; but before any
forfeiture shall be so declared the corporation shall be afforded a
hearing by the Secretary of State on not less than 30 days' notice.
Such hearing shall be held in the office of the Secretary of State
at such reasonable time as he shall designate. (c) From an adverse decision of the Secretary of State the
corporation may appeal to the Superior Court of Fulton County,
whereupon the matter shall be tried de novo by the court without a
jury; and the court shall either sustain the action of the Secretary
of State or direct him to take such action as the court may deem
proper. |