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Correcting filed document

O.C.G.A. § 14-2-124 — under Corporations, Partnerships, and Associations.

O.C.G.A. § 14-2-124

(a) A domestic or foreign corporation may correct a document filed by the Secretary of State if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, verified, or acknowledged. (b) A document is corrected: (1) By preparing articles of correction that: (A) Describe the document (including its filing date); (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement or defective execution; and (2) By delivering the articles to the Secretary of State for filing. 27 14-2-124 CORPORATIONS & PARTNERSHIPS 14-2-125 (c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. (Code 1981, § 14-2-124, enacted by Ga. L. 1988, p. 1070, § 1; Ga. L. 1989, p. 946, § 4; Ga. L. 2002, p. 989, § 3.) COMMENT Source: Model Act § 1.24. This substantially preserves the practice of former law, § 14-2-5(b). Section 14-2-124 permits making corrections in filed documents without refiling the entire document or submitting formal articles of amendment. This continues the practice of former law, under § 14-2-5(b). Under subsection (c), even the correction relates back to the original effective date of the document except as to persons relying on the original document and adversely affected by the correction. As to these persons, the effective date of articles of correction is the date the articles are filed. A document may be corrected either because it contains an ‘‘incorrect statement’’ or because it was defectively executed (including defects in optional forms of execution that do not affect the eligibility of the original document for filing). Cross-References ‘‘Deliver’’ includes mail, see § 14-2-140. Effective time and date of filing, see § 14-2-123. Filing fees, see § 14-2-122.