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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. § 10-5B-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-3 Rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized
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(a) The Secretary of State shall be authorized to promulgate rules to prohibit deceptive or fraudulent telemarketing activities and other abusive telemarketing activities by persons subject to the provisions of Chapter 5 of this title, the “Georgia Uniform Securities Act of 2008”…
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-5 Applicability to persons subject to other provisions of the Code

Showing 751–800 of 1,055

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(a) With respect to any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the “Georgia Uniform Securities Act of 2008,” the Secretary of State shall prevent any person from violating a rule promulgated under Code Section 10-5B-3 in the same mann…

O.C.G.A. § 10-5B-6 Criminal and civil penalties; right to punish under other laws not limited

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(a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished as described under subparagraph (a)(5)(A) of Code Section 16-8-12. (b) Any person who suffers injury or damages as a result of a vi…

O.C.G.A. § 10-5B-7 Remedies, duties, prohibitions, and penalties not exclusive; construction with other provisions of the Code

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(a) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (b) Nothing in this chapter shall amend, alter, or repeal any of the provisions of Chapter 5 of this…

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…

O.C.G.A. § 10-6-1 Creation of agency relationship

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The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratiﬁes the acts of another in his behalf. History. Orig. Code 1863, § 2157; Code 1868, § 2152; Code 1873, § 2178; Code 1882, § 2178; Civ…

O.C.G.A. § 10-6-2 Formality necessary to create agency

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Where the exercise or performance of an agency is by written instrument, the agency shall also be created by written instrument; provided, however, unless a contrary intent is expressly set forth therein, any written instrument creating an agency regardless of the formality of it…

O.C.G.A. § 10-6-3 Eligibility standard for agent

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Any person who is of sound mind may be appointed an agent; so a principal shall be bound by the acts of his infant agent. History. Orig. Code 1863, § 2159; Code 1868, § 2155; Code 1873, § 2181; Code 1882, § 2181; Civil Code 1895, § 3001; Civil Code 1910, § 3573; Code 1933, § 4-10…

O.C.G.A. § 10-6-4 Conveyance authority of attorneys in fact

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(a) Personal representatives, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person. (b) When a personal representative, guardian, conservator, or trustee exercising the…

O.C.G.A. § 10-6-5 Agent authority; delegation

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Whatever one may do himself may be done by an agent, except such personal trusts in which special conﬁdence is placed on the skill, discretion, or judgment of the person called in to act; so an agent may not delegate his authority to another unless specially empowered to do so. H…

O.C.G.A. § 10-6-6 Conditional power of attorney

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(a) As used in this Code section, the term “conditional power of attorney” means a written power of attorney stating that it becomes effective at a speciﬁed future time or on the occurrence of a speciﬁed event or contingency, including, but not limited to, the subsequent incapaci…

O.C.G.A. § 10-6B-1 Short title

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This chapter shall be known and may be cited as the “Georgia Power of Attorney Act.” History. Code 1981, § 10-6B-1, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 1/HB 897.

O.C.G.A. § 10-6B-10 Termination of power of attorney and agent’s authority; third-party reliance; ﬁling notice of revocation with clerk

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(a) A power of attorney shall terminate when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney speciﬁcally provides that it is not durable; (3) The principal revokes the power of attorney; (4) The principal revokes the agent’s authority or…

O.C.G.A. § 10-6B-11 Designation of coagents; role of successor agent; notiﬁcation of violation

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(a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, coagents shall exercise their authority independently. (b)(1) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes in…

O.C.G.A. § 10-6B-12 Compensation

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Unless the power of attorney otherwise provides, an agent shall not be entitled to compensation for services rendered. An agent shall be entitled to reasonable reimbursement of expenses incurred in performing the acts required by the principal under the power of attorney. History…

O.C.G.A. § 10-6B-13 Agent’s acceptance of appointment

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Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. History. Code 1981, § 10-6B-13, enacted b…

O.C.G.A. § 10-6B-14 Duties of agents

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(a) Notwithstanding provisions in the power of attorney, an agent that has accepted: (1) Appointment shall act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; (2) Appointment sh…

O.C.G.A. § 10-6B-15 Waivers of agent liability

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A provision in a power of attorney relieving an agent of liability for breach of duty shall be binding on the principal and the principal’s successors in interest except to the extent the provision: (1) Relieves the agent of liability for breach of duty committed in bad faith, or…

O.C.G.A. § 10-6B-16 Petition for construction of power of attorney or role of agent; reimbursement for fees and expenses

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(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, personal representative, or other ﬁduciary acting for the principal or for the …

O.C.G.A. § 10-6B-17 Agent’s liability to principal

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An agent that violates this chapter shall be liable to the principal or the principal’s successors in interest for the amount required to: (1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) Reimburse the principal …

O.C.G.A. § 10-6B-18 Resignation of agent

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Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or suc…

O.C.G.A. § 10-6B-19 Acceptance of and reliance upon attested power of attorney; request for additional information

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(a) As used in this Code section, the term “attested power of attorney” means a power of attorney that was purportedly attested as set forth in Code Section 44-2-15. (b) A person that in good faith accepts an attested power of attorney without actual knowledge that the signature …

O.C.G.A. § 10-6B-2 Deﬁnitions

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As used in this chapter, the term: (1) “Agent” means a person granted authority to act in the place of an individual, whether denominated by such term, attorney-in-fact, or otherwise. Such term shall include a coagent, successor agent, and a person to which authority is delegated…

O.C.G.A. § 10-6B-20 Liability for refusal to accept power of attorney

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(a) As used in this Code section, the term: (1) “Attested statutory form power of attorney” means a statutory form power of attorney that was purportedly attested as set forth in Code Section 44-2-15. (2) “Statutory form power of attorney” means a power of attorney: (A) Substanti…

O.C.G.A. § 10-6B-21 Principles of law and equity

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Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. History. Code 1981, § 10-6B-21, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.

O.C.G.A. § 10-6B-22 Laws applicable to ﬁnancial institutions and entities

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(a) This chapter shall not supersede any other law applicable to ﬁnancial institutions or other entities, and the other law controls if inconsistent with this chapter. (b) This chapter shall not supersede the Bank Secrecy Act of 1970, 31 U.S.C. Section 5311, in effect on February…

O.C.G.A. § 10-6B-3 Applicability

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This chapter shall apply to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the beneﬁt of a creditor in connection with a credit transaction; (2) A power to make health care dec…

O.C.G.A. § 10-6B-4 Power of attorney is durable

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A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal. History. Code 1981, § 10-6B-4, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.

O.C.G.A. § 10-6B-5 Execution of power of attorney

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(a) A power of attorney shall be: (1) Signed by the principal or by another individual in such principal’s presence at the principal’s express direction; (2) Attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorne…

O.C.G.A. § 10-6B-6 Validity of power of attorney; effect of copy

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(a) A power of attorney executed in this state on or after July 1, 2017, shall be valid if its execution complies with Code Section 10-6B-5. (b) A power of attorney executed other than in this state shall be valid in this state if, when the power of attorney was executed, the exe…

O.C.G.A. § 10-6B-7 Controlling law

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The meaning and effect of a power of attorney shall be determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. History. Code 1981…

O.C.G.A. § 10-6B-8 Nomination of conservator; relationship of agent to court-appointed ﬁduciary; ﬁnding of incapacity

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(a) In a power of attorney, a principal may nominate a conservator of the principal’s estate for consideration by the court if protective proceedings for the principal’s estate are begun after the principal executes the power of attorney. Except for good cause shown or disqualiﬁc…

O.C.G.A. § 10-6B-9 When power of attorney effective

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(a) A power of attorney shall be effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of …

O.C.G.A. § 10-6-20 Rights under agency for illegal purpose

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No rights shall arise to either party out of an agency created for an illegal purpose. History. Orig. Code 1863, § 2169; Code 1868, § 2165; Code 1873, § 2191; Code 1882, § 2191; Civil Code 1895, § 3018; Civil Code 1910, § 3590; Code 1933, § 4-201.

O.C.G.A. § 10-6-21 Extent of agent’s authority; liability for exceeding, violating, or disregarding instructions

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The agent shall act within the authority granted to him, reasonably interpreted; if he shall exceed or violate his instructions, he does it at his own risk, the principal having the privilege of affirming or dissenting, as his interest may dictate. In cases where the power is cou…

O.C.G.A. § 10-6-22 Required standard of care

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An agent for hire shall be bound to exercise, about the business of his principal, that ordinary care, skill, and diligence required of a bailee for hire. A voluntary agent, without hire or reward, shall be liable only for gross neglect. History. Orig. Code 1863, § 2163; Code 186…

O.C.G.A. § 10-6-23 Instructions from multiple principals

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Where several persons shall appoint an agent to do an act for their joint beneﬁt, the instructions of one, not inconsistent with the general directions, shall protect the agent in his act. History. Orig. Code 1863, § 2167; Code 1868, § 2163; Code 1873, § 2189; Code 1882, § 2189; …

O.C.G.A. § 10-6-24 Sale or purchase to self prohibited

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Without the express consent of the principal after a full knowledge of all the facts, an agent employed to sell may not himself be the purchaser; and an agent to buy may not himself be the seller. History. Orig. Code 1863, § 2164; Code 1868, § 2160; Code 1873, § 2186; Code 1882, …

O.C.G.A. § 10-6-25 Personal proﬁt off principal’s property prohibited

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The agent shall not make a personal proﬁt from his principal’s property; for all such he is bound to account. History. Orig. Code 1863, § 2165; Code 1868, § 2161; Code 1873, § 2187; Code 1882, § 2187; Civil Code 1895, § 3011; Civil Code 1910, § 3583; Code 1933, § 4-205.

O.C.G.A. § 10-6-26 Dispute of principal’s title

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An agent may not dispute his principal’s title, except in such cases where legal proceedings, at the instance of others, shall have been commenced against him. History. Orig. Code 1863, § 2166; Code 1868, § 2162; Code 1873, § 2188; Code 1882, § 2188; Civil Code 1895, § 3012; Civi…

O.C.G.A. § 10-6-27 Principal’s right of recovery

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A principal may follow his money deposited by an agent in the latter’s name and recover the same wherever found, unless the rights of innocent third persons shall have intervened. History. Civil Code 1895, § 3005; Civil Code 1910, § 3577; Code 1933, § 4-208. History of Code secti…

O.C.G.A. § 10-6-28 Effect of bank failure

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If the money of a principal shall be deposited by a private agent in the name of the principal in the hands of a bank of good credit and the deposit is according to the common usage of the place, the agent shall not be responsible for any loss arising from the failure of the bank…

O.C.G.A. § 10-6-29 Mingling goods

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An agent, by willfully mingling his own goods with those of his principal, shall not create a tenancy in common; but, if incapable of separation, the whole shall belong to the principal. History. Orig. Code 1863, § 2171; Code 1868, § 2167; Code 1873, § 2193; Code 1882, § 2193; Ci…

O.C.G.A. § 10-6-30 Proper accounting required

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It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other ﬁduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them …

O.C.G.A. § 10-6-31 Commission and expenses

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An agent who shall have discharged his duty shall be entitled to his commission and all necessary expenses incurred about the business of his principal. If he shall have violated his engagement, he shall be entitled to no commission. History. Orig. Code 1863, § 2168; Code 1868, §…

O.C.G.A. § 10-6-32 Owner’s right to sell property placed with broker; broker’s right to commissions

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The fact that property is placed in the hands of a broker to sell shall not prevent the owner from selling, unless otherwise agreed. The broker’s commissions are earned when, during the agency, he ﬁnds a purchaser who is ready, able, and willing to buy and who actually offers to …

O.C.G.A. § 10-6-33 Method for revocation of agency; damages for unreasonable revocation

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Generally, an agency is revocable at the will of the principal. The appointment of a new agent for the performance of the same act or the death of either principal or agent revokes the power. If, however, the power is coupled with an interest in the agent himself, it is not revoc…

O.C.G.A. § 10-6-34 Effect of death or disability on pledge of stock with power of attorney

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Every creditor or other person advancing money upon the pledge of a certiﬁcate of stock or other scrip representing an ownership or interest in corporations in Georgia shall have such an irrevocable interest in such certiﬁcate of stock or other scrip as not to be affected by the …