Articles Of Amendment Georgia Cd 110 Template in PDF Create This Document

Articles Of Amendment Georgia Cd 110 Template in PDF

The Articles Of Amendment Georgia CD 110 form is used to officially change a corporation's name by filing an amendment to the Articles of Incorporation. This form is optional but necessary for compliance with state law. It is essential to seek legal counsel when completing this form to ensure all requirements are met.

To begin the process of changing your corporation's name, please fill out the form by clicking the button below.

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Documents used along the form

When filing the Articles of Amendment using the Georgia CD 110 form, several other documents may be necessary to ensure compliance with state regulations. Below is a list of commonly used forms and documents that accompany the amendment process.

  • Articles of Incorporation: This foundational document establishes the existence of the corporation. It includes essential details such as the corporation's name, purpose, and the number of shares it is authorized to issue.
  • Bylaws: Bylaws outline the internal rules and procedures for managing the corporation. They cover aspects like the roles of officers, meeting protocols, and voting procedures.
  • Corporate Resolutions: These are formal documents that record decisions made by the corporation's board of directors or shareholders. A resolution may be necessary to approve the name change before filing the Articles of Amendment.
  • Certificate of Publication: This document serves as proof that the corporation has published a notice of the name change in a local newspaper, as required by law. It is often submitted alongside the Articles of Amendment.
  • Filing Fee Payment: A payment receipt or proof of payment for the filing fee is required when submitting the Articles of Amendment. The fee is typically $20.00 in Georgia.
  • Form CD 110 Instructions: A copy of the instructions for completing the CD 110 form can be helpful. It provides guidance on how to fill out the form correctly and ensure all necessary information is included.

Understanding these documents can help streamline the process of amending a corporation's name. It is always advisable to consult with a legal professional to ensure compliance with all requirements.

Common PDF Forms

Misconceptions

Misconceptions about the Articles Of Amendment Georgia CD 110 form can lead to confusion and potential issues when changing a corporation's name. Here are five common misconceptions clarified:

  1. Form CD 110 is mandatory for name changes.

    This form is optional. While it can be used to amend the Articles of Incorporation, corporations may also draft their articles pursuant to O.C.G.A. §14-3-1005.

  2. The Secretary of State provides legal advice.

    Secretary of State staff cannot offer legal counsel or explain the process of changing a corporation’s name. It is essential to seek competent legal advice for this matter.

  3. Filing the form is the only requirement.

    Along with submitting the form, you must also pay a filing fee of $20. Additionally, a notice of the name change must be forwarded to the appropriate legal organ of the county.

  4. Only the board of directors can approve name changes.

    The amendment can be adopted by incorporators, a sufficient vote of the members, or the board of directors, depending on the corporation’s structure and bylaws.

  5. Publication notice needs to be sent to the Secretary of State.

    This is incorrect. The publication notice should not be forwarded to the Secretary of State. Instead, it must be sent to the legal organ of the county where the registered office is located.

Dos and Don'ts

When filling out the Articles Of Amendment Georgia CD 110 form, keep the following guidelines in mind:

  • Do ensure you have the current name of your corporation ready to enter.
  • Do clearly state the proposed new name of the corporation.
  • Do select only one method of adoption as indicated in Article Three.
  • Do provide the actual date when the amendment was approved.
  • Do certify that you will publish the notice of the name change as required.
  • Don't forget to sign and date the form in the appropriate section.
  • Don't submit the publication notice to the Secretary of State; handle it separately.

Similar forms

The Articles of Amendment Georgia CD 110 form is similar to several other legal documents used for corporate governance and name changes. Below is a list of nine documents that share similarities with the CD 110 form, along with brief explanations of how they are alike.

  • Articles of Incorporation: This foundational document establishes a corporation's existence and includes details like its name, purpose, and structure. Like the CD 110, it requires specific information to be filed with the Secretary of State.
  • Certificate of Amendment: This document is often used to officially change a corporation's name or other details in the Articles of Incorporation. It serves a similar purpose as the CD 110 in formalizing amendments.
  • Bylaws: Bylaws outline the internal rules and regulations governing a corporation. Amendments to bylaws may require a formal process similar to that of the CD 110, including member approval and documentation.
  • Certificate of Good Standing: This document verifies that a corporation is legally registered and compliant with state regulations. While it does not change the name, it may be updated following the approval of a name change via the CD 110.
  • Notice of Change of Registered Agent: This form notifies the state of a change in the corporation's registered agent. It requires formal submission and acknowledgment, much like the procedures outlined in the CD 110.
  • Merger Agreement: When two corporations merge, they often need to file amendments to their Articles of Incorporation. This process shares similarities with the CD 110 in terms of documentation and approval methods.
  • Application for Authority: If a foreign corporation wishes to operate in Georgia, it must file this application. It requires similar information regarding the corporation's name and structure, akin to the CD 110.
  • Annual Report: Corporations are required to file annual reports that may include updates on the corporation's name or structure. This document serves a regulatory purpose similar to the CD 110.
  • Statement of Change of Principal Office: This form is used to officially update a corporation's principal office address. Like the CD 110, it requires formal submission and may involve similar approval processes.

Understanding Articles Of Amendment Georgia Cd 110

What is the purpose of the Articles Of Amendment Georgia CD 110 form?

The Articles Of Amendment Georgia CD 110 form is used to officially change the name of a corporation. By filing this amendment, a corporation can update its name in the official records maintained by the Secretary of State. This form is specific to name changes and is not a substitute for legal advice.

Is the use of Form CD 110 mandatory for changing a corporation's name?

No, using Form CD 110 is optional. However, if a corporation decides to change its name, it must file an amendment to the Articles of Incorporation. While this form is a convenient option, corporations may also draft their own articles of amendment in accordance with O.C.G.A. §14-3-1005.

What information is required to complete Form CD 110?

Form CD 110 requires several key pieces of information. First, you must provide the current name of the corporation. Next, state the proposed new name. Additionally, you need to indicate how the amendment was approved, specify the date of adoption, and certify that notice of the name change has been or will be published in the legal organ of the county where the registered office is located.

What is the filing fee for submitting Form CD 110?

The filing fee for submitting Form CD 110 is $20.00. This fee must be included with the completed form when it is submitted to the Secretary of State's office. An additional publication fee of $40.00 may also be required for the notice to be published in the legal organ.

What should I do after completing Form CD 110?

After completing Form CD 110, you should sign and date the form. Ensure that you indicate your capacity when signing. It is crucial to forward the publication notice to the appropriate legal organ no later than the next business day after submitting the articles of amendment to the Secretary of State. Do not send the publication notice to the Secretary of State.

Why is it recommended to seek legal counsel when changing a corporation's name?

Seeking legal counsel is strongly advised because changing a corporation's name involves specific legal requirements and implications. The Secretary of State's staff cannot provide legal advice or guidance on the process. A qualified attorney can help ensure that all necessary steps are followed correctly, minimizing potential issues or delays.