| 6 | | - | To amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia1 |
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| 7 | | - | Annotated, relating to registration of businesses using trade names, so as to provide for forms2 |
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| 8 | | - | for filing of registration statements and a state-wide registry; to provide for a fee; to provide3 |
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| 9 | | - | for oversight by the Georgia Superior Court Clerks' Cooperative Authority; to provide for4 |
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| 10 | | - | reregistration and cancellation of registrations; to amend Article 2 of Chapter 6 of Title 155 |
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| 11 | | - | of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to6 |
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| 12 | | - | provide for the development and implementation of an information system for trade names7 |
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| 13 | | - | by the Georgia Superior Court Clerks' Cooperative Authority; to provide for related matters;8 |
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| 14 | | - | to provide an effective date; to repeal conflicting laws; and for other purposes.9 |
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| 15 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 16 | | - | SECTION 1.11 |
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| 17 | | - | Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,12 |
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| 18 | | - | relating to registration of businesses using trade names, is amended by revising Code13 |
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| 19 | | - | Section 10-1-490, relating to required registration statement for business using trade,14 |
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| 20 | | - | partnership, or other name not showing ownership, as follows:15 |
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| 21 | | - | H. B. 158 (SUB) |
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| 22 | | - | - 1 - 25 LC 44 2992S |
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| 23 | | - | "10-1-490.16 |
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| 24 | | - | (a) Every Beginning January 1, 2026, every person, firm, or partnership carrying on in this17 |
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| 25 | | - | state any trade, or business, or profession under any trade, name or partnership, name or18 |
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| 26 | | - | other name which does not disclose the individual ownership of the trade, business, or19 |
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| 27 | | - | profession carried on under such name shall, within 30 days from March 29, 1937, or20 |
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| 28 | | - | thereafter before commencing to do business, file in the office of the clerk of the superior21 |
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| 29 | | - | court of the county in which the business is chiefly carried on or, in the case of a domestic22 |
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| 30 | | - | corporation using any name other than its corporate name, in the county of its legal23 |
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| 31 | | - | domicile, a an initial registration statement, verified by affidavit, using forms created by24 |
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| 32 | | - | the Georgia Superior Court Clerks' Cooperative Authority setting forth the name or names25 |
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| 33 | | - | and addresses of the each person, persons, firm, or partnership owning and carrying on said26 |
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| 34 | | - | trade, or business, or profession and stating the nature of the business being carried on and27 |
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| 35 | | - | the trade, partnership, or other name used and shall, upon any change of ownership,28 |
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| 36 | | - | likewise file a new and amended statement of registration. The registration statement, and29 |
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| 37 | | - | any amendments, reregistration or cancellation shall be completed and sworn to by the30 |
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| 38 | | - | registrant, notarized, and shall be electronically filed with the proper clerk of superior31 |
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| 39 | | - | court. Notice of such filing giving the names and addresses of each person, firm, or32 |
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| 40 | | - | partnership to engage in business under such trade, name or partnership, name or other33 |
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| 41 | | - | name shall be delivered to and published in the paper in which the sheriff's advertisements34 |
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| 42 | | - | are printed legal organ of the appropriate county once a week for two weeks. No person,35 |
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| 43 | | - | firm, or partnership already registered shall be required to reregister except in the event of36 |
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| 44 | | - | a any change of ownership composition.37 |
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| 45 | | - | (b) For the purpose of including a trade, partnership, or other name registered prior to38 |
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| 46 | | - | January 1, 2026, but not included in the trade name registry provided for in Code39 |
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| 47 | | - | Section 15-6-97.4, such trade, partnership, or other name may be reregistered for inclusion40 |
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| 48 | | - | in the state-wide registry. Such reregistration shall not adversely affect the date of filing41 |
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| 49 | | - | of any previous registration.42 |
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| 50 | | - | H. B. 158 (SUB) |
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| 51 | | - | - 2 - 25 LC 44 2992S |
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| 52 | | - | (c) The total fee for registration, amendment, reregistration or cancellation shall be as43 |
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| 53 | | - | provided in paragraph (10) of subsection (g) of Code Section 15-6-77, and the fees44 |
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| 54 | | - | provided for by Code Sections 15-21A-6 and 15-21A-6.1 shall not apply.45 |
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| 55 | | - | (d) The clerk shall register the same initial registration, reregistration, amendment, or46 |
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| 56 | | - | cancellation by filing the verified statement in his office and shall keep an alphabetical47 |
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| 57 | | - | index of all such registrations in a permanent record book to be kept in his office filings,48 |
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| 58 | | - | the index to show the trade, partnership, or other name registered and in connection49 |
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| 59 | | - | therewith the names of the owners. The applicant for registration shall accompany each50 |
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| 60 | | - | registration statement with the fee prescribed by Code Section 15-6-77, relating to fees of51 |
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| 61 | | - | clerks of the superior courts, as amended.52 |
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| 62 | | - | (e) When a person, firm, or partnership that has filed a trade name registration statement53 |
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| 63 | | - | pursuant to this Code section ceases to carry on in this state the trade, business, or54 |
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| 64 | | - | profession under the registered trade, partnership, or other name, such person, firm, or55 |
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| 65 | | - | partnership may cancel the trade, partnership, or other name by filing with the clerk of the56 |
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| 66 | | - | superior court in which the trade, partnership, or other name was registered a completed57 |
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| 67 | | - | affidavit of cancellation using forms created by the Georgia Superior Court Clerks'58 |
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| 68 | | - | Cooperative Authority.59 |
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| 69 | | - | (f) A copy of each trade, partnership, or other name filing or the supporting materials60 |
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| 70 | | - | provided for by this Code section shall be transmitted electronically by the clerk of superior61 |
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| 71 | | - | court to the Georgia Superior Court Clerks' Cooperative Authority pursuant to62 |
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| 72 | | - | paragraph (22) of subsection (a) of Code Section 15-6-61."63 |
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| 73 | | - | SECTION 2.64 |
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| 74 | | - | Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to65 |
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| 75 | | - | clerks of superior courts, is amended in Code Section 15-6-61, relating to duties of clerks66 |
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| 76 | | - | generally and computerized record-keeping system, by adding a new paragraph to67 |
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| 77 | | - | subsection (a) to read as follows:68 |
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| 78 | | - | H. B. 158 (SUB) |
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| 79 | | - | - 3 - 25 LC 44 2992S |
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| 80 | | - | "(22) To participate in an information system established by the Georgia Superior Court69 |
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| 81 | | - | Clerks' Cooperative Authority pursuant to Code Section 15-6-97.4 for the purpose of70 |
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| 82 | | - | providing public access to trade, partnership, and other name registrations electronically.71 |
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| 83 | | - | Each clerk of superior court shall provide to the authority or its designated agent, in72 |
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| 84 | | - | accordance with any applicable rules and regulations of the authority, such documents,73 |
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| 85 | | - | data, and other information relating to all trade, partnership, and other name registrations,74 |
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| 86 | | - | reregistrations, amendments, and cancellations filed in his such clerk's office as required75 |
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| 87 | | - | by Code Section 10-1-490."76 |
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| 88 | | - | SECTION 3.77 |
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| 89 | | - | Said article is further amended by adding a new Code section to read as follows:78 |
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| 90 | | - | "15-6-97.4.79 |
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| 91 | | - | (a) By January 1, 2026, the Georgia Superior Court Clerks' Cooperative Authority shall80 |
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| 92 | | - | develop and implement a uniform automated information system for trade, partnership, and81 |
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| 93 | | - | other names registered with the clerks of superior court of this state pursuant to Code82 |
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| 94 | | - | Section 10-1-490. Such system shall provide access to all trade, partnership, and other83 |
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| 95 | | - | name registrations and any related documents filed on or after such date.84 |
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| 96 | | - | (b) In furtherance of development and implementation of the system provided under this85 |
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| 97 | | - | Code section, the Georgia Superior Court Clerks' Cooperative Authority is authorized to86 |
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| 98 | | - | contract with the clerks of superior courts and any other parties that the authority deems87 |
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| 99 | | - | necessary. The Georgia Superior Court Clerks' Cooperative Authority shall create forms88 |
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| 100 | | - | for use in connection with filings pursuant to Code Section 10-1-490 and shall have the89 |
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| 101 | | - | authority to develop rules and regulations necessary for the usage of such forms and90 |
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| 102 | | - | implementing such system described in this Code section."91 |
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| 103 | | - | SECTION 4.92 |
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| 104 | | - | This Act shall become effective on January 1, 2026.93 |
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| 105 | | - | H. B. 158 (SUB) |
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| 106 | | - | - 4 - 25 LC 44 2992S |
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| 107 | | - | SECTION 5.94 |
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| 108 | | - | All laws and parts of laws in conflict with this Act are repealed.95 |
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| 109 | | - | H. B. 158 (SUB) |
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| 110 | | - | - 5 - |
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| 17 | + | To amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia |
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| 18 | + | 1 |
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| 19 | + | Annotated, relating to registration of businesses using trade names, so as to provide for filing2 |
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| 20 | + | of registration statements with the office of the Secretary of State; to provide for related3 |
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| 21 | + | matters; to repeal conflicting laws; and for other purposes.4 |
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| 22 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | + | SECTION 1.6 |
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| 24 | + | Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,7 |
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| 25 | + | relating to registration of businesses using trade names, is amended by revising Code Section8 |
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| 26 | + | 10-1-490, relating to required registration statement for business using trade, partnership, or9 |
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| 27 | + | other name not showing ownership, as follows:10 |
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| 28 | + | "10-1-490.11 |
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| 29 | + | (a) Every person, firm, or partnership carrying on in this state any trade or business under12 |
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| 30 | + | any trade name or partnership name or other name which does not disclose the individual13 |
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| 31 | + | ownership of the trade, business, or profession carried on under such name shall, within 3014 |
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| 32 | + | days from March 29, 1937, or thereafter before commencing to do business, file in the |
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| 33 | + | 15 |
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| 34 | + | office of the clerk of the superior court of the county in which the business is chiefly16 |
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| 35 | + | H. B. 158 |
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| 36 | + | - 1 - 25 LC 44 2886 |
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| 37 | + | carried on or, in the case of a domestic corporation using any name other than its corporate17 |
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| 38 | + | name, in the county of its legal domicile, with the office of the Secretary of State a18 |
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| 39 | + | registration statement, verified by affidavit, setting forth the name or names and addresses19 |
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| 40 | + | of the person, persons, firm, or partnership owning and carrying on said trade or business,20 |
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| 41 | + | the county of the filer's legal domicile, the county in which the business is chiefly carried21 |
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| 42 | + | on, and stating the nature of the business being carried on and the trade, partnership, or22 |
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| 43 | + | other name used and shall, upon any change of ownership, likewise file a new and amended23 |
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| 44 | + | statement of registration. Notice of such filing giving the names and addresses of each24 |
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| 45 | + | person, firm, or partnership to engage in business under such trade name or partnership25 |
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| 46 | + | name shall be published in the paper in which the sheriff's advertisements are printed once26 |
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| 47 | + | a week for two weeks. No person, firm, or partnership already registered shall be required27 |
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| 48 | + | to reregister except in the event of a change of ownership.28 |
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| 49 | + | (b) The clerk office of the Secretary of State shall register the same by filing the verified29 |
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| 50 | + | statement in his office and shall keep an alphabetical index of all such registrations in a30 |
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| 51 | + | permanent record book to be kept in his office, the index to show the trade, partnership, or31 |
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| 52 | + | other name registered and in connection therewith the names of the owners. The applicant32 |
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| 53 | + | for registration shall accompany each registration statement with the fee prescribed by33 |
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| 54 | + | Code Section 15-6-77, relating to fees of clerks of the superior courts, as amended."34 |
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| 55 | + | SECTION 2.35 |
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| 56 | + | All laws and parts of laws in conflict with this Act are repealed.36 |
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| 57 | + | H. B. 158 |
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| 58 | + | - 2 - |
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