Title 10 — Commerce and Trade

0 chapters · 906 sections in this title.

50 sectionsFiltered byTitle 10 Ch 5

O.C.G.A. § 10-5-1 Stop orders
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Coordination, registration by. Notice statement is effective, failure to provide, §10-5-22. SECURITIES —Cont’d Stop orders —Cont’d Denial, suspension or revocation of registration, §10-5-25. Failure to comply with ﬁling notice or fee requirement, §10-5-21. Suretyship. Compelling …
O.C.G.A. § 10-5-10 Exemptions from registration of securities
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The following securities are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) A security, including a revenue obligation or a separate security as deﬁned in Rule 131, 17 C.F.R. 230.131, adopted under the Securities Act of 1933, 15 U.S.C. Sec…
O.C.G.A. § 10-5-100 Deﬁnitions
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As used in this article, the term: (1) “Account” means any account with a broker-dealer or investment adviser for which a client has the authority to transact business. 820 10-5-101 (2) “Adult protective agency” means any office, division, department, or unit in this state that i…
O.C.G.A. § 10-5-102 Notiﬁcations to designated third parties
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If a qualiﬁed individual has reasonable cause to believe that the ﬁnancial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, then a qualiﬁed individual may notify any third party previously designated by the eligible adult; provi…
O.C.G.A. § 10-5-104 Limitations on administrative and civil liability
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No broker-dealer, investment adviser, or qualiﬁed individual who, in 823 10-5-107 good faith and exercising reasonable care, complies with this article shall be subject to administrative or civil liability based on: (1) A delay of a disbursement or transaction pursuant to this ar…
O.C.G.A. § 10-5-105 Disclosure on investigations
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Notwithstanding any provision of law to the contrary, the Commissioner may disclose to any notifying broker-dealer, investment adviser, or qualiﬁed individual the general status or ﬁnal disposition of any investigation that arose from a report made by the broker-dealer, investmen…
O.C.G.A. § 10-5-106 Accessibility of books and records
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(a) A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted ﬁnancial exploitation of an eligible adult to the Commissioner, adult protective agency of competent jurisdiction, or law enforcement pursuant to…
O.C.G.A. § 10-5-107 Administrative and civil liability
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Nothing in this article shall limit or shield, in any manner, a broker-dealer, investment adviser, or qualiﬁed individual from any administrative or civil liability for any claim, or for reasonable attorneys’ fees, costs, and litigation expenses related to such claim, for 824 10-…
O.C.G.A. § 10-5-108 Deﬁnitions
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Prompt notiﬁcation to Commissioner of exploitation; requirements. Notiﬁcations to designated third parties. Delayed disbursement if ﬁnancial exploitation suspected; expiration; judicial extension of delay. Limitations on administrative and civil liability. Disclosure on investiga…
O.C.G.A. § 10-5-11 Exempt transactions
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The following transactions are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: 733 10-5-11 (1) An isolated nonissuer transaction, whether effected by or through a broker-dealer or not; (2) A nonissuer transaction by or through a broker-dealer r…
O.C.G.A. § 10-5-12 Sale or purchase of security
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Applicability of provisions, §10-5-79. Unlawful offer, sale or purchase of security, §10-5-50. Short title. Georgia uniform securities act of 2008, §10-5-1. Stop orders.
O.C.G.A. § 10-5-13 Denial, suspension, or revocation of exemption
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(a) Except with respect to a federal covered security or a transaction involving a federal covered security, an order issued under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under subparagraph (C) of paragraph (3) or paragraph …
O.C.G.A. § 10-5-2 Deﬁnitions
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As used in this chapter, the term: (1) “Agent” means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or who represents an issuer in effecting or attempting to effect purchases or sales…
O.C.G.A. § 10-5-20 Restrictions on sales of securities
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It is unlawful for a person to offer or sell a security in this state unless: 746 10-5-21 (1) The security is a federal covered security; (2) The security, transaction, or offer is exempted from registration under Code Sections 10-5-10 through 10-5-12; or (3) The security is regi…
O.C.G.A. § 10-5-21 Filing of records
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(a) With respect to a federal covered security, as deﬁned in Section 18(b)(2) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(2), that is not otherwise exempt under Code Sections 10-5-10 through 10-5-12, a rule adopted or order issued under this chapter may require the ﬁl…
O.C.G.A. § 10-5-22 Deﬁnitions, §10-5-2
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Disabled adults. Financial protections for elderly and disabled adults, §§10-5-100 to 10-5-108. Effective date of statutory provisions. United States agencies or departments. References to include successor agency or department, §10-5-4. United States Code citations, §10-5-3. Ele…
O.C.G.A. § 10-5-23 Records
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Commissioner, maintenance of applications, registrations, etc., §10-5-75. Coordination, registration by.
O.C.G.A. § 10-5-24 Filing of registration statement; conditions of registration; amendment
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(a) A registration statement may be ﬁled by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter. (b) If a registration statement is withdrawn before the effective date or a pre-effective stop order is issued under Code…
O.C.G.A. § 10-5-26 Restrictions on sales of securities
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Filing of records. Registration by coordination; additional records; effective date of federal registration statement. Registration by qualiﬁcation; additional information and records required; effective date. Filing of registration statement; conditions of registration; amendmen…
O.C.G.A. § 10-5-3 Citations to United States Code
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Any citation in this chapter to a section of the United States Code 728 10-5-10 includes those statutes and the rules and regulations adopted under those statutes as in effect on July 1, 2009, or as later amended. History. Code 1981, § 10-5-3, enacted by Ga. L. 2008, p. 381, § 1/…
O.C.G.A. § 10-5-30 Registration requirements for broker-dealers; exemptions
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(a) It is unlawful for a person to transact business in this state as a broker-dealer unless the person is registered under this chapter as a broker-dealer or is exempt from registration as a broker-dealer under subsection (b) or (d) of this Code section. (b) The following person…
O.C.G.A. § 10-5-31 Registration requirements for agents; exemptions
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(a) It is unlawful for an individual to transact business in this state as an agent unless the individual is registered under this chapter as an agent or is exempt from registration as an agent under subsection (b) of this Code section. (b) The following individuals are exempt fr…
O.C.G.A. § 10-5-32 Registration requirements for investment advisors; exemptions
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(a) It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The follo…
O.C.G.A. § 10-5-33 Registration requirement for investment adviser representatives; exemptions
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(a) It is unlawful for an individual to transact business in this state as an investment adviser representative unless the individual is 765 10-5-33 registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser under…
O.C.G.A. § 10-5-34 Registration requirements for federal covered investment advisers
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(a) Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investme…
O.C.G.A. § 10-5-35 Application for registration; consent to service of process
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(a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by ﬁling an application and a consent to service of process complying with Code Section 10-5-80, and paying the fee speciﬁed in Code Section 10-5-39 and any reasonable …
O.C.G.A. § 10-5-36 Charities, §§10-1-470 to 10-1-472
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Fictitious business names. Trade name registration, §§10-1-490 to 10-1-493. Fraternal organizations, §§10-1-470 to 10-1-472. Humane organizations, §§10-1-470 to 10-1-472. Limited partnerships.
O.C.G.A. § 10-5-37 Notice of termination
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(a) If an agent registered under this chapter terminates employment by or association with a broker-dealer or issuer or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser or federal covered inve…
O.C.G.A. § 10-5-38 Withdrawal of registration
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Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after the ﬁling of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unle…
O.C.G.A. § 10-5-39 Fees
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(a) A person shall pay a fee of $250.00 when initially ﬁling an 772 10-5-40 application for registration as a broker-dealer and a fee of $100.00 when ﬁling a renewal of registration as a broker-dealer. If the ﬁling results in a denial or withdrawal, the Commissioner shall retain …
O.C.G.A. § 10-5-4 Reference to agency or department of United States
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A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department. History. Code 1981, § 10-5-4, enacted by Ga. L. 2008, p. 381, § 1/SB 358. 10-5-5. Electronic records and signatures.
O.C.G.A. § 10-5-40 Financial requirements
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(a) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a rule adopted or order issued under this chapter may establish minimum ﬁnancial requirements for broker…
O.C.G.A. § 10-5-41 Disciplinary action
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Grounds for, §10-5-41. Effective date of registration, §10-5-35. Examinations, §10-5-41. Exemption from registration, §10-5-32. Fees for registration application and renewal, §10-5-39. Financial protections for elderly and disabled adults, securities regulation. Generally, §§10-5…
O.C.G.A. § 10-5-5 Jorges v
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Griffin, 161 Ga. App. 439, 288 S.E.2d 356, 1982 Ga. App. LEXIS 1908 (1982) (decided under former O.C.G.A. § 10-5-5). Stock not exempt from registration. — Exemption under former Code 1933, § 97-109 did not apply since the stock was sold to an individual, not a corporation and the…
O.C.G.A. § 10-5-50 Sims v
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Natural Prods. of Ga., LLC, 337 Ga. App. 20, 785 S.E.2d 659, 2016 Ga. App. LEXIS 248 (2016). 10-5-51. Fraud or deceit unlawful; adoption of rule.
O.C.G.A. § 10-5-51 Fraud or deceit unlawful; adoption of rule
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(a) It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of …
O.C.G.A. § 10-5-54 Unlawful to make false or misleading statements
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It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or ﬁled under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, i…
O.C.G.A. § 10-5-56 Liability for defamation related to information contained in record
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A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating…
O.C.G.A. § 10-5-57 Penalties for violations
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(a) A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section 10-5-53 or the notice ﬁling requirements of Code Section 10-5-21 or 10-5-34, or that willfully violates Code Section 10-5-54 knowing the statement made to …
O.C.G.A. § 10-5-58 Enforcement of civil liability; damages
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(a) Enforcement of civil liability under this Code section is subject to the Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227. (b) A person is liable to the purchaser if the person sells a security in violation of Code Section 10-5-20, or, by means of an untrue…
O.C.G.A. § 10-5-59 Exemptions to liability
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A purchaser, seller, or recipient of investment advice may not maintain an action under Code Section 10-5-58 if: (1) The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: (A) An offer stating the respect in which liability…
O.C.G.A. § 10-5-71 Powers of Commissioner
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(a) The Commissioner may: (1) Conduct public or private investigations inside or outside this state which the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order i…
O.C.G.A. § 10-5-72 Violations; remedies and penalties
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(a) If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage …
O.C.G.A. § 10-5-74 Issuance of forms and orders; adoption and amendment of rules
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(a) The Commissioner may: (1) Issue forms and orders and, after notice and comment, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rules, including rules and forms governing registration statements, applications, notice ﬁlings, reports…
O.C.G.A. § 10-5-75 Coordination, registration by
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Required records to accompany statement, §10-5-22. Defamation contained in required record. Immunity of agents, broker-dealers, investment advisers and investment adviser representatives, §10-5-56. Federal covered securities. Filing of records, §10-5-21. Financial requirements fo…
O.C.G.A. § 10-5-76 Public records; exceptions
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(a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or ﬁled under this 814 10-5-77 chapter, including a record contained in or ﬁled with a registration statement, application, notice ﬁling, or report, are public records an…
O.C.G.A. § 10-5-77 Investigations
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Powers of commissioner, §10-5-71. Investment adviser representatives. Application for registration and consent to service or process, §10-5-35. Continuing education, §10-5-40.
O.C.G.A. § 10-5-78 Applicability of provisions, §10-5-79
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Predecessor provisions, §10-5-90. 1561 INDEX SECURITIES —Cont’d Assistant commissioner, §10-5-70. Broker-dealers. Agents or investment adviser representatives. Financial protections for elderly and disabled adults, securities regulation. Generally, §§10-5-100 to 10-5-108. Qualiﬁe…
O.C.G.A. § 10-5-80 Consent to service of process
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(a) A consent to service of process complying with this Code section and required by this chapter must be signed and ﬁled in the form 818 10-5-80 required by a rule or order under this chapter. A consent appointing the Commissioner the person’s agent for service of process in a n…
O.C.G.A. § 10-5-90 Nonissuer transactions
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Exempt transactions, §10-5-11. Notice ﬁlings, §10-5-21. Offers to sell. Applicability of provisions, §10-5-79. Exempt transactions, §10-5-11. Requirement for registration, §10-5-20. Unlawful offer, sale or purchase of security, §10-5-50. Predecessor provisions, effectiveness, §10…