0 chapters · 906 sections in this title.
O.C.G.A. § 10-4-33 WHEELCHAIRS
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Motorized wheelchair warranties, §§10-1-890 to 10-1-894. Action for damages, §10-1-894. Citation of article, §10-1-890. Definitions, §10-1-891. Duration, §10-1-892. Express written warranties. Duration, §10-1-892. Required, §10-1-892. Failure to furnish, §10-1-893. Nonconforming w…
O.C.G.A. § 10-4-4 License for person electing, §10-4-11
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1592 INDEX WAREHOUSES —Cont’d State licensed and bonded warehouses —Cont’d Evidence. Inspection reports, §10-4-15. Examiner’s bond, §10-4-16. Exemption from convenience warehousing act, §10-4-191. Exemptions from article, §10-4-4. Fees. License fees, §10-4-17. Uniform application…
O.C.G.A. § 10-4-50 Designation of commissioner
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The Commissioner of Agriculture shall be the state warehouse commissioner. 658 10-4-52 History. Ga. L. 1918, p. 246, § 1; Ga. L. 1920, p. 282, § 1; Code 1933, § 5-301.
O.C.G.A. § 10-4-51 Employees, §10-4-52
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BOOKS. Sales. Tie-in sales, §§10-1-330, 10-1-331. BOYCOTTS. Violation of law, §10-1-631. BRAKE FLUID, §§10-1-180 to 10-1-189. Administration of part, §10-1-186. Adulteration, §10-1-181. Condemnation, §10-1-186. Sales prohibited, §10-1-183. Advertising of brands in accord with par…
O.C.G.A. § 10-4-52 Weighers
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Certified public weighers, §10-2-52. Weights and measures. Criminal penalty for violating, §10-2-22. RV SHOWS.
O.C.G.A. § 10-4-53 Bond of commissioner, §10-4-51
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Bond of employees, §10-4-52. Commissioner of agriculture. Designated as, §10-4-50. Compress plant by commissioner. Purchase or lease of or contracting for, §10-4-56. Cooperation with other states, §10-4-59. Cotton on storage.
O.C.G.A. § 10-4-54 Duties of commissioner generally
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It shall be the duty of the commissioner to study the condition under which cotton is grown, harvested, ginned, baled, covered, stored, and marketed and as a result of such investigation to organize a system that will bring about needed reforms and provide for the most economical…
O.C.G.A. § 10-4-55 Acquisition of property; encouraging erection of warehouses
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The commissioner shall have power to acquire property. It shall be his duty to foster and encourage the erection of warehouses in the various counties, upon plans and specifications adopted by him. History. Ga. L. 1918, p. 246, § 4; Ga. L. 1920, p. 282, § 1; Code 1933, § 5-306.
O.C.G.A. § 10-4-57 INSURANCE COMPANIES
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Commodities. Exempt transactions and contracts, §10-5A-4. INTELLECTUAL AND OTHER DEVELOPMENTAL DISABILITIES. Abused, neglected or exploited adults. Financial exploitation of aged persons or disabled adults, §§10-5-100 to 10-5-108. 1500 INDEX INTELLECTUAL AND OTHER DEVELOPMENTAL D…
O.C.G.A. § 10-4-58 REPOSSESSION
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Motor vehicle sales finance act. Disposition of vehicle repossessed after default, §10-1-36. Retail installment contracts or revolving accounts. Disposition of goods repossessed after default, §10-1-10. Motor vehicle sales finance act. Disposition of vehicle repossessed after defau…
O.C.G.A. § 10-4-59 Cooperation with other states
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The commissioner shall cooperate with other states where a state warehouse system is in operation and promote the formation of an interstate board so that there may be uniformity in handling and marketing the crop in all the states; and the commissioner is authorized to spend suc…
O.C.G.A. § 10-4-6 Uniform application, §10-4-7
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Scales. Disapproved scales not to be used, §10-4-28. Examinations, §10-4-28.
O.C.G.A. § 10-4-60 Designation of commissioner
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Bond of commissioner. Appointment and bonding of necessary employees; promulgation of rules and regulations. Actions by and against commissioner; limitations on liability; “linters” not to be stored. Duties of commissioner generally. Acquisition of property; encouraging erection …
O.C.G.A. § 10-4-7 Uniform application of orders, fees, rules, and regulations
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All rules and regulations, orders, schedules of charges, and fees approved or promulgated or issued by the Commissioner under the terms of this article shall be of uniform application to all warehouses of the same class throughout the state. History. Ga. L. 1953, Nov.-Dec. Sess.,…
O.C.G.A. § 10-4-70 Standards and classifications of cotton
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The state warehouse commissioner shall accept as authoritative the standards and classifications of cotton established by the federal government. History. Ga. L. 1918, p. 246, § 3; Ga. L. 1920, p. 282, § 1; Code 1933, § 5-308. 10-4-71. Storing lint cotton; inspection tags; issuanc…
O.C.G.A. § 10-4-72 Fixing terms and rate of storage
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The state warehouse commissioner shall settle the terms upon which cotton may be stored in the local warehouses coming under this article and fix the rate of storage thereon in such manner that these warehouses shall pay expenses, it being the declared purpose of this article that…
O.C.G.A. § 10-4-74 Commissioner’s charges and commissions
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The state warehouse commissioner shall provide for the cost of maintaining this system by assessing a charge upon each bale of cotton offered for storage, and for negotiation of loans or selling cotton, a commission, all of which charges shall be uniform, and due notice thereof g…
O.C.G.A. § 10-4-76 Standards and classifications of cotton
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Storing lint cotton; inspection tags; issuance, contents, transfer, and cancellation of receipts. Fixing terms and rate of storage. Commissioner may negotiate loans on receipts and sale of stored cotton. Commissioner’s charges and commissions. Warehouse receipt books; execution a…
O.C.G.A. § 10-4-77 Penalty for failure to give notice of lien on cotton
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Any person who shall deposit, or attempt to deposit, cotton upon which a lien, mortgage, or adverse claim exists, without notifying the manager of the warehouse thereof and having this fact so entered on the warehouse receipt, shall be guilty of a misdemeanor. History. Ga. L. 191…
O.C.G.A. § 10-4-78 Penalty for false affidavit as to lien on cotton
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Should any party required by Code Section 10-4-76 to make an affidavit as to an adverse lien, title, or claim to cotton offered to a warehouseman for storage make a false affidavit, he shall be guilty of a 666 10-4-80 felony and, upon conviction thereof, shall be punished by impr…
O.C.G.A. § 10-4-79 False affidavit as to lien, §10-4-78
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Issuing receipt for cotton not in warehouse, §10-4-80. Fines imposed in sentencing. Cotton warehousing. State licensed and bonded warehouses. Violation of provisions, §10-4-32. Health spas, §10-1-393.2. Secondary metals recyclers. Database of information reported to bureau of inv…
O.C.G.A. § 10-4-8 Existing interstate commerce regulations not affected
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Nothing contained in this article shall be interpreted so as to conflict with any existing regulations of the federal government, or of the federal and state governments jointly, governing inspection of goods in interstate commerce. History. Ga. L. 1953, Nov.-Dec. Sess., p. 412, §…
O.C.G.A. § 10-4-80 Penalties for issuing receipt for cotton not in warehouse
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The manager of any warehouse, or agent, employee, or servant, who issues or aids in issuing a receipt for cotton, knowing that such cotton has not been actually placed in the warehouse under the control of the manager thereof, shall be guilty of a felony and, upon conviction ther…
O.C.G.A. § 10-4-81 Indorsements
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Obligation of warehousemen to deliver. Demand accompanied by indorsements, §10-4-21. Prudent person rule. Obligation of warehouseman to deliver agricultural product, §10-4-21. Self-service storage facilities. General provisions, §§10-4-210 to 10-4-218. State licensed and bonded w…
O.C.G.A. § 10-4-9 Judicial review of administrative decision
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Any person aggrieved by a final determination or decision of the Commissioner in any matter in which a hearing is required or authorized by this article or the state or federal constitutions is entitled to judicial review thereof in accordance with the provisions of Chapter 13 of …
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…