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Georgia Statutes, Title 10

Georgia/Statutes

← All Georgia coverage

Title 10

20 chapters · 1,055 sections in this title.

All chapters in Title 101,055 Ch 1, SELLING AND OTHER TRADE PRACTICES506 Ch 4, WAREHOUSEMEN118 Ch 5, GEORGIA UNIFORM SECURITIES61 Ch 6, AGENCY57 Ch 9, GEO. L. SMITH II GEORGIA WORLD CONGR…50 Ch 6B, GEORGIA POWER OF ATTORNEY44 Ch 2, WEIGHTS AND MEASURES37 Ch 7, SURETYSHIP34 Ch 14, CEMETERY AND FUNERAL SERVICES32 Ch 5A, COMMODITIES AND COMMODITY CONTRACTS …21 Ch 12, ELECTRONIC TRANSACTIONS20 Ch 10, SEED-CAPITAL FUND18 Ch 6A, BROKERAGE RELATIONSHIPS IN REAL ESTA…16 Ch 13A, MASTER SETTLEMENT AGREEMENT ENHANCEMENTS10

32 sections·Filtered byTitle 10✕Ch 14✕

O.C.G.A. § 10-14-1 Short title
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This chapter shall be known and may be cited as the “Georgia Cemetery and Funeral Services Act of 2000.” History. Code 1981, § 44-3-130, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, § 1014-1, as redesignated by Ga. L. 2000, p. 882, § 1; Ga. L. 2024, p. 1052, § 2(65)/SB 448, e…
O.C.G.A. § 10-14-10 Minimum acreage for cemeteries; exceptions
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(a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land. (b) The following cemeteries shall not be …
O.C.G.A. § 10-14-11 Stop orders suspending, revoking, or denying the effectiveness of registration; late penalty fees
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(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 10-14-23 if he or she ﬁnds that the order is in the public interest and tha…
O.C.G.A. § 10-14-12 Separate accounts and records; owner acting as trustee; removal of trustee or escrow agent; ﬁnancial reports

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(a) Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, c…

O.C.G.A. § 10-14-13 Venue for civil or criminal actions

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For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance …

O.C.G.A. § 10-14-14 Administration of chapter; rules and regulations

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(a) The administration of the provisions of this chapter shall be vested in the Secretary of State. (b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all …

O.C.G.A. § 10-14-15 Investigations by Secretary of State; subpoenas; hearings

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(a) The Secretary of State, at his or her discretion: (1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or …

O.C.G.A. § 10-14-16 Cemetery rules and regulations; schedule of charges

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(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property wit…

O.C.G.A. § 10-14-17 Prohibited acts; fees

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(a) It shall be unlawful for any person: (1) To sell or offer to sell any burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to…

O.C.G.A. § 10-14-18 Duties of registrants; requirements of written contracts

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(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for…

O.C.G.A. § 10-14-19 Enforcement of chapter; civil penalties

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(a) Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or is…

O.C.G.A. § 10-14-2 Legislative ﬁndings and intent

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(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to m…

O.C.G.A. § 10-14-20 Criminal penalties

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(a) Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a ﬁne of not more than $1,000.00 or imprisonment not to…

O.C.G.A. § 10-14-21 Purchaser’s remedy for violations

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(a) Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the co…

O.C.G.A. § 10-14-22 Judicial appeal of orders issued by Secretary of State

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(a)(1) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of…

O.C.G.A. § 10-14-23 Administrative appeal of orders issued by Secretary of State

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(a) Where the Secretary of State has issued any order forbidding the sale of burial lots, burial rights, burial merchandise, or burial services under any provision of this chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandis…

O.C.G.A. § 10-14-24 Effect of consent to service of process

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When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the…

O.C.G.A. § 10-14-25 Waiver of rights or defenses in cemetery purchase agreements void

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Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive: (1) Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter; (2) Any rights pr…

O.C.G.A. § 10-14-26 Secretary of State immune from liability

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For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune. Histor…

O.C.G.A. § 10-14-28 Actions pending under prior law

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(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless br…

O.C.G.A. § 10-14-29 Construction of mausoleums and columbariums; preconstruction trust funds

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(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the ﬁrst such sale or 50 percent of the mausoleum …

O.C.G.A. § 10-14-3 Deﬁnitions

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As used in this chapter, the term: (1) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this deﬁnition, the terms “owns,” “is owned,” and “ownersh…

O.C.G.A. § 10-14-3.1 Authority of boards

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As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duti…

O.C.G.A. § 10-14-30 Adoption of minimum standards by Secretary of State

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The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for constructi…

O.C.G.A. § 10-14-4 Registration of cemetery owners, preneed dealers, and burial or funeral merchandise dealers; exemptions; nonperpetual care cemeteries

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(a)(1) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, mausoleum interment rights, columbarium inurnment rights, grave spaces, or other physical locations for the ﬁnal disposition of human remains in t…

O.C.G.A. § 10-14-5 Registration of preneed sales agents; retention of employee applications by registered cemeteries

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(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered …

O.C.G.A. § 10-14-5.1 Relationship between life insurance and funeral establishment

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Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identiﬁes the funeral establishment or any reference to a funeral establishment or crematory in connection with the sale of life insurance without the …

O.C.G.A. § 10-14-6 Perpetual care trust funds

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(a) As used in this Code section, the term “income” means: (1) The net income, including the collected dividends, interest, net realized gains, and other income of the trust reduced by any expenses, including, but not limited to, taxes on income, fees, commissions, and costs; or …

O.C.G.A. § 10-14-7 Preneed escrow accounts or trust funds

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(a)(1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services, other than preneed funeral services described in Code Section 10-14-7.1, shall establish and maintain a trust fund or a preneed escrow account. (2) With …

O.C.G.A. § 10-14-7.1 Trust funds or escrow accounts for preneed funeral services

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(a) Notwithstanding any provision to the contrary contained in Chapter 1 of Title 7, the “Financial Institutions Code of Georgia,” or in any other provision of law, a preneed dealer registered or deemed registered pursuant to Code Section 10-14-5 who provides funeral services sha…

O.C.G.A. § 10-14-8 Prohibition of certain persons from employment; notice and hearing; emergency orders

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(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, independent contractor, or other agent directly involved in the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a…

O.C.G.A. § 10-14-9 Amendment of registration applications; audit of registrant records; transfer of ownership in cemeteries or preneed dealers

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(a) A registration application may be amended by ﬁling with the Secretary of State an amended application signed by the persons required to sign the original application under Code Section 10-14-4 or 10-14-5. (b) Every applicant registered pursuant to Code Section 10-14-4 or 10-1…