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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

1,055 sections·Filtered byTitle 10✕

O.C.G.A. § 10-1-439.18 Prohibited activity of third-party delivery services
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A third-party delivery service shall not: (1) Take an order for or arrange for the pickup, transportation, or delivery of an order from a food service establishment to a customer without such establishment’s prior written consent expressly authorizing such service to take such or…
O.C.G.A. § 10-1-439.19 Enforcement; penalties
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(a) An aggrieved food service establishment alleging a third-party delivery service is in violation of this part may seek judicial enforcement of the requirements of this part in an action brought against such service in the county in which the violation occurred. The following c…
O.C.G.A. § 10-1-439.2 Discrimination in ﬁnancial services prohibited
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(a) Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide ﬁnancial services of any kind to, to refrain from continuing to provide existing ﬁnancial services to, to terminate ex…
O.C.G.A. § 10-1-439.3 Role of Attorney General in prosecuting violators; civil penalties

Showing 251–300 of 1,055

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(a) Whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this part, the Attorney General shall, upon written request made pursuant to subsection (b) of this Code section or …

O.C.G.A. § 10-1-439.4 Exemptions

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The provisions of this part shall not apply to any bank, trust company, credit union, or merchant acquirer limited purpose bank that is chartered under the laws of this state or any other state to the extent that federal law precludes or preempts or has been determined to preclud…

O.C.G.A. § 10-1-439.5 Short title

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This part shall be known and may be cited as the “Georgia Online Automatic Renewal Transparency Act.” History. Code 1981, § 10-1-439.5, enacted by Ga. L. 2023, p. 592, § 1/HB 528, effective January 1, 2024.

O.C.G.A. § 10-1-439.6 Purpose; construction with federal law

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(a) The purpose of this part shall be to stop the practice of creating unnecessary barriers for customers who wish to cancel automatic renewal or continuous service subscriptions online, particularly when such subscriptions are offered online. It is the intent of the General Asse…

O.C.G.A. § 10-1-439.7 Deﬁnitions

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As used in this part, the term: (1) “Automatic renewal” means a plan or arrangement in which an online paid subscription or purchasing agreement is automatically renewed at the end of a deﬁnite term of more than 31 days for a subsequent deﬁnite term of more than 31 days. (2) “Con…

O.C.G.A. § 10-1-439.8 Online cancellation of automatic renewal or continuous service; alternate methods of cancellation; required information

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(a) Notwithstanding any law to the contrary, any business that allows a consumer to accept an automatic renewal or continuous service offer online shall allow a consumer to cancel the automatic renewal or continuous service online. The business shall provide a method of cancellat…

O.C.G.A. § 10-1-439.9 Prohibited activities relating to automatic renewal or continuous service offers; required notices

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(a) It shall be unlawful in this state for any business that allows a consumer to accept an automatic renewal or continuous service offer online to: (1) Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before th…

O.C.G.A. § 10-1-440 Deﬁnitions; when trademark or service mark deemed used in state

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(a) As used in this part, the term: (1) “Applicant” means the person ﬁling an application for registration of a trademark or service mark under this part and the legal representatives, successors, or assigns of the person ﬁling an application for registration of a trademark or se…

O.C.G.A. § 10-1-441 Ineligibility of trademark or service mark for registration

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A trademark or service mark shall be entitled to registration unless it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; or (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, b…

O.C.G.A. § 10-1-442 Application for registration of marks; ﬁling fee

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(a) Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may ﬁle in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trademark …

O.C.G.A. § 10-1-443 Classes of goods and services for purposes of registration of marks; application limited to one class

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(a) The following general classes of goods are established for convenience of administration of this part, but not to limit or extend the applicant’s or registrant’s rights; and a single application for registration of a trademark may include any or all goods upon which the trade…

O.C.G.A. § 10-1-444 Certiﬁcate of registration

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Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certiﬁcate of registration to be issued and delivered to the applicant. The certiﬁcate of registration shall be issued under the signature of the Secretary of State and the s…

O.C.G.A. § 10-1-445 Duration of registration; renewal; fee

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(a) Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of registration; and, upon application ﬁled within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the reg…

O.C.G.A. § 10-1-446 Assignment of mark and registration; recordation; fee; new certiﬁcate

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Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the trademark or service mark is used or with that part of the good will of the business connected with the use of and symbolized by the trademark or…

O.C.G.A. § 10-1-447 Record of registrations and renewals to be kept by Secretary of State

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The Secretary of State shall keep for public examination a record of all trademarks or service marks registered or renewed under this part. History. Ga. L. 1952, p. 134, § 12; Ga. L. 1963, p. 463, § 7.

O.C.G.A. § 10-1-448 Cancellation of registrations

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(a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) All registrations granted under this part and not …

O.C.G.A. § 10-1-449 Damages for fraud or false representation in registering mark

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Any person who shall for himself or on behalf of any person procure the ﬁling or registration of any trademark or service mark in the office of the Secretary of State under the provisions of this part, by knowingly making any false or fraudulent representation or declaration, ver…

O.C.G.A. § 10-1-450 Civil action for infringement of registered mark

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Subject to Code Section 10-1-452, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in connection with the sale, offering for sale, or adverti…

O.C.G.A. § 10-1-451 Injunctions against infringement; recovery of proﬁts and damages; destruction or disposal of counterfeit trademarks; seizure

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(a) Any owner of a trademark or service mark registered under this part may proceed by action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof; and any court of competent jurisdiction may grant injunctions to restrain such manufacture, us…

O.C.G.A. § 10-1-452 Common-law rights in marks not affected

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Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at any time at common law. History. Ga. L. 1952, p. 134, § 18; Ga. L. 1963, p. 463, § 13.

O.C.G.A. § 10-1-453 Penalty for unauthorized and deceitful use of name or seal

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Any ﬁrm, person, corporation, or association who shall use the name or seal of any other person, ﬁrm, corporation, or association, in and about the sale of goods or otherwise, not being authorized to use the same, knowing that such use is unauthorized, with intent to deceive the …

O.C.G.A. § 10-1-454 Penalties for forged or counterfeited trademarks, service marks, copyrighted or registered designs, or unauthorized reproductions; forfeiture

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(a) As used in this Code section, the term “forged or counterfeited trademark, service mark, or copyrighted or registered design” means any mark or design which is identical to, substantially indistinguishable from, or an imitation of a trademark, service mark, or copyrighted or …

O.C.G.A. § 10-1-470 Imitation of name or emblem prohibited; priority of right to use name

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No person or organization shall assume, use, adopt, become incorporated under, or continue to use the name and style or emblems of any benevolent, fraternal, social, humane, or charitable organization previously existing in this state, and which has been incorporated under the la…

O.C.G.A. § 10-1-490 Required registration statement for business using trade, partnership, or other name not showing ownership

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(a) Every person, ﬁrm, or partnership carrying on in this state any trade or business under any trade name or partnership name or other name which does not disclose the individual ownership of the trade, business, or profession carried on under such name shall, within 30 days fro…

O.C.G.A. § 10-1-491 Effect of failing to register on contracts

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The effect of this part shall be that no contract or undertaking entered into by any person, ﬁrm, or corporation, whether heretofore or hereafter entered into, shall be invalidated or declared illegal on the ground that the same was entered into in a trade or partnership name not…

O.C.G.A. § 10-1-492 Exemption of corporations, limited or professional partnerships, or limited liability companies

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This part shall not apply to corporations doing business under their corporate names, to limited partnerships doing business under their limited partnership names, or to limited liability companies doing business under their limited liability company names which have been ﬁled fo…

O.C.G.A. § 10-1-510 Conveyance of rights in works of ﬁne art; statement of customer’s right or license authorizing duplication; liability

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(a) As used in this Code section, the term: (1) “Artist” means the creator of a work of ﬁne art. (2) “Customer” means a person who contracts to have a printer duplicate a work of ﬁne art. (3) “Duplicate” means to print, copy, or otherwise reproduce. (4) “Fine art” means a paintin…

O.C.G.A. § 10-1-520 Short title

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This article shall be known and may be cited as the “Georgia Consignment of Art Act.” History. Code 1981, § 10-1-520, enacted by Ga. L. 1995, p. 267, § 1.

O.C.G.A. § 10-1-521 Deﬁnitions

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As used in this article, the term: (1) “Art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a nonproﬁt organization. (2) “Artist” means the person wh…

O.C.G.A. § 10-1-522 Delivery of artwork to dealer for exhibition or sale in exchange for compensation constituting consignment

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Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist’s own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or ot…

O.C.G.A. § 10-1-523 Written contract required for consignment of work of art; violation by art dealer rendering artist’s obligation voidable

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(a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing: (1) Th…

O.C.G.A. § 10-1-524 Effects of consignment

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A consignment of a work of art shall result in all of the following: (1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state; (2) The work of art shall cons…

O.C.G.A. § 10-1-525 Art received as consignment to remain trust property; not subject or subordinate to claims, liens, or security interests

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(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account, until the price is paid in full to the consignor. If such work is thereafter resold to…

O.C.G.A. § 10-1-526 Contractual waiver of liability for works of art consigned to cooperative

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Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void. History. Code…

O.C.G.A. § 10-1-527 Use or display of work of art or photograph thereof

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An art dealer who accepts a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photogra…

O.C.G.A. § 10-1-528 Applicability to contracts executed prior to July 1, 1995

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This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall apply or such contract is extended or renewed after July 1, 1995. History. Code 1981, § 10-1-528, enacted by Ga. L.…

O.C.G.A. § 10-1-529.2 Deﬁnitions

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As used in this article, the term: (1) “Archives repository” means a nonproﬁt organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value and that is open to the public on a regular basis. Arc…

O.C.G.A. § 10-1-529.3 Duty of museums and archives repositories to keep accurate records of property held on loan; notice of change in ownership of loaned property

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(a) Each museum or archives repository shall keep accurate records of all property on loan to the museum or archives repository, including the name and address of the owner, if known, and the beginning and ending date of the loan period. At the time that a person makes a loan to …

O.C.G.A. § 10-1-529.4 Abandonment of property loaned to a museum or archives repository; museum acquisition of abandoned property

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(a) Property loaned to a museum or archives repository whose loan has an expiration date is abandoned when there has not been written contact between the owner and the museum or archives repository for at least seven years after that expiration date. If the loan has no expiration…

O.C.G.A. § 10-1-529.5 Acquisition of undocumented property

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(a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the…

O.C.G.A. § 10-1-529.6 Application of conservation measures to property on loan to museum or archives

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(a) Unless there is a written loan agreement to the contrary, a museum or archives repository may apply conservation measures to property on loan to the museum or archives repository without the lender’s permission or formal notice if action is required to protect the property on…

O.C.G.A. § 10-1-530 Liability for sale of stolen horse or mule

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Any auctioneer who may sell or dispose of any horse or mule shall be held responsible to the purchaser for damages in the event it is shown and proved that the horse or mule so sold by him was stolen. History. Ga. L. 1865-66, p. 260, § 1; Code 1868, § 1439; Code 1873, § 1426; Cod…

O.C.G.A. § 10-1-570 Short title

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This article shall be known and may be cited as “The Common Day of Rest Act of 1974.” History. Ga. L. 1974, p. 186, § 13.

O.C.G.A. § 10-1-571 Deﬁnitions

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As used in this article, the term: (1) “Two consecutive days of Saturday and Sunday” means the time between 12:00 Midnight on Friday and 12:00 Midnight on Saturday and from 12:00 Midnight on Saturday to 12:00 Midnight on Sunday. (2) “Two rest days” means the time between 12:00 Mi…

O.C.G.A. § 10-1-572 Legislative intent

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The purpose of this article is to promote the health, recreation, welfare, repose, and religious liberty of each individual of this state. This article is not designed to be discriminatory in any way or to any group but rather to provide the public with necessary beneﬁts and serv…

O.C.G.A. § 10-1-573 Employees to be given beneﬁt of day of rest

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Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of su…

O.C.G.A. § 10-1-574 General exemptions from article

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This article is not applicable to and shall not prohibit: (1) Casual transactions between persons, none of whom are thereby carrying on a business or business transactions; (2) Agricultural operations such as farming, animal and poultry husbandry, forestry, and allied activity; (…