Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
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…
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…
O.C.G.A. § 10-5B-1 Offers to sell or buy made in state
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Determinations as to, §10-5B-8. Penalties for violations, §10-5B-6. Rules promulgation, §10-5B-3. 1495 INDEX HORSES. Auctions. Liability of auctioneer for sale of stolen horse, §10-1-530. Stolen horses. Liability of auctioneer for sale of stolen horse, §10-1-530. HOSPITALS. Billi…
O.C.G.A. § 10-5B-2 Definitions
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(a) As used in this chapter, the term: (1) “Charitable contribution” means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term is defined in Code Section 43-17-2. (2) “Control,” “controlling,” “controlled by,” or “…
O.C.G.A. § 10-5B-4 Required and prohibited telephone conduct and activities; liability
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(a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the “Georgia Uniform Securities Act of 2008”; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisi…
O.C.G.A. § 10-5B-6 Trademarks and service marks
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Fraud or false representation in registering mark, §10-1-449. Infringement of registered mark, §10-1-450. Persons causing seizure of goods not counterfeit, §10-1-451. Trade name registration. Actions brought by unregistered businesses. Costs paid if name not registered, §10-1-491…
O.C.G.A. § 10-5B-8 When offer to sell or buy is made in state
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For purposes of this chapter, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer: (1) Originates from this state; or (2) Is directed by the offeror to this state and received at the place to which it is dire…