Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-5A-1 Definitions
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As used in this chapter, the term: (1) “Board of trade” means any person or group of persons engaged in buying or selling any commodity or receiving the same for 826 10-5A-1 COMMODITIES, CONTRACTS, AND OPTIONS 10-5A-1 sale on consignment, whether such person or group of persons i…
O.C.G.A. § 10-5A-20 Investigations
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(a) The Commissioner at his discretion: (1) May make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter o…
O.C.G.A. § 10-5A-21 Commissioner of insurance
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Rules and regulations, §10-5A-26. Commissioner of securities. Actions if chapter, rule or order violated, §§10-5A-21, 10-5A-22. Administration of chapter, §10-5A-24. Administrative proceeding, §10-5A-28. Assistant, §10-5A-24. Compensation and expenses, §10-5A-24. Cooperation with…
O.C.G.A. § 10-5A-22 Legal or equitable remedies; special remedies
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(a)(1) Upon a proper showing by the Commissioner that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the Commissioner, a superior court of appropriate jurisdiction may grant appropriate legal or equitable remedies. (2) Upon a …
O.C.G.A. § 10-5A-23 Venue for civil and 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. § 10-5A-24 Commodity exchange act
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Defined, §10-5A-1. Exempt transactions and contracts, §10-5A-4. Commodity futures trading commission. Defined, §10-5A-1. Exempt purchasers and sellers, §10-5A-3. Exempt transactions and contracts, §10-5A-4. Commodity merchants.
O.C.G.A. § 10-5A-25 Cooperation with agencies, administrators, and organizations
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(a) To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the Commissioner and the employees of the Commissioner may cooperate, including bearing the expense of the cooperation, with the securities agencies or ad…
O.C.G.A. § 10-5A-26 Rules and regulations
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The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the “…
O.C.G.A. § 10-5A-27 Defined, §10-5A-1
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Credit cards. Deceptive trade practices. Prohibited use of credit card information by merchant, §10-1-393.3. METAL DEALERS.
O.C.G.A. § 10-5A-28 Administrative proceedings
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(a) The Commissioner shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need no…
O.C.G.A. § 10-5A-29 Judicial review of Commissioner’s orders
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(a) Any person aggrieved by a final order of the Commissioner may obtain a review of the order in a superior court of appropriate jurisdiction by filing in court, within 60 days after the entry of the order, a written petition praying that the order be modified or set aside in whole…
O.C.G.A. § 10-5A-3 Exempt purchasers and sellers
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The prohibitions in Code Section 10-5A-2 shall not apply to any transaction offered by and in which any of the following persons or any employee, officer, or director thereof acting solely in that capacity is the purchaser or seller: (1) A person registered with the Commodity Fut…
O.C.G.A. § 10-5A-30 Burden of proving exemptions
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It shall not be necessary to prove the negative as to any of the exemptions of this chapter in any complaint, information, indictment, writ, or proceeding brought under this chapter; and the burden of proof of any such exemption shall be upon the party claiming the same. History.…
O.C.G.A. § 10-5A-31 Dealers
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Petroleum products retail dealers, §§10-1-720, 10-1-721. Franchises. Petroleum products retail dealers, §§10-1-720, 10-1-721. OIL —Cont’d Lubricating oils. Petroleum products sales generally, §§10-1-140 to 10-1-169. Petroleum products retail dealers, §§10-1-720, 10-1-721. State o…
O.C.G.A. § 10-5A-4 Exempt transactions and contracts; rules and regulations
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(a) The prohibitions in Code Section 10-5A-2 shall not apply to the following: (1) An account, agreement, or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act; (2) A commodity contract or the purc…
O.C.G.A. § 10-5A-5 Conditions for acting as commodity merchant; designation of board of trade
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(a) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: (1) Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such regis…
O.C.G.A. § 10-5A-6 CHECKS
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Credit cards. Acceptance of check because credit card presented, §10-1-393.3. Recording number of credit card as condition of acceptance, §10-1-393.3. Requiring credit card information on checks as condition of acceptance, §10-1-393.3. CHECKS —Cont’d Dishonor and notice of dishon…
O.C.G.A. § 10-5A-7 Appeals
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Judicial review of commissioner’s orders, §10-5A-29. Associations. Liability for acts or omissions of employees, officers or agents, §10-5A-7. COMMODITIES —Cont’d Board of trade. Defined, §10-5A-1. Designation, §10-5A-5. Applicability of section, §10-5A-27. Broker-dealers register…
O.C.G.A. § 10-5A-8 Applicability of securities law
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Nothing in this chapter shall impair, derogate, or otherwise affect the authority or powers of the Commissioner under Chapter 5 of this title, known as the “Georgia Uniform Securities Act of 2008,” or the application of any provision of such chapter to any person or transaction s…
O.C.G.A. § 10-5A-9 Construction of chapter
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This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination with federal laws and the laws of other states and the adminis…