Title 46, Chapter 3, Section 242
( 46-3-242)
(a) The registered agent appointed by an electric membership corporation pursuant to Code Section 46-3-240 shall be an agent of the electric membership corporation upon whom any process, notice, or demand required or permitted by law to be served upon the electric membership corporation may be served in the manner provided by law for the service of a summons and complaint. (b) Whenever an electric membership corporation fails to appoint or
maintain a registered agent in this state, or whenever its
registered agent cannot with reasonable diligence be found at the
registered office, then the Secretary of State shall be an agent of
such electric membership corporation upon whom any process, notice,
or demand may be served. Service on the Secretary of State of any
such process, notice, or demand shall be made by delivering to and
leaving with him, or with any person having charge of the
corporation department of his office, or with any other person or
persons designated by the Secretary of State to receive such
service, duplicate copies of such process, notice, or demand. In the
event any such process, notice, or demand is served on the Secretary
of State, he shall immediately cause one of the copies thereof to be
forwarded by registered or certified mail or statutory overnight
delivery, addressed to the electric membership corporation at its
registered office or, if there is no registered office, to the last
known address of the electric membership corporation or to an
officer listed on the most recent annual report filed with the
Secretary of State or, if none, to any officer, director, or
incorporator of the electric membership corporation as shown by the
records of the Secretary of State. Any service so had on the
Secretary of State shall be answerable not more than 30 days from
the date so mailed by the Secretary of State. The provisions of this
subsection may be used notwithstanding any inconsistent provisions
of Chapter 11 of Title 9, the "Georgia Civil Practice Act." (c) The Secretary of State shall keep a record of all processes,
notices, and demands served upon him under this Code section and
shall record therein the time of such service and his action with
reference thereto. (d) Nothing in this Code section shall limit or affect the right to
serve any process, notice, or demand required or permitted by law to
be served on an electric membership corporation in any other manner
permitted by law. |