Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-6B-70 Form power of attorney
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A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. 1109 10-6B-70 State of Georgia County of STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorn…
O.C.G.A. § 10-6B-71 Optional form for agent certification of facts
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The following optional form may be used by an agent to certify facts concerning a power of attorney. ‘‘AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of Georgia County of I, (name of agent), certify under penalty of perjury that (name of…
O.C.G.A. § 10-6B-8 Specification of authority of agents
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Trusts, estates or other beneficial interests, §10-6B-50. Signatures. Liability of persons signing instrument as fiduciary, §10-6-86. Unfair or deceptive trade practices. Fair business practices act of 1975, §10-1-397. CONSIDERATION.
O.C.G.A. § 10-6B-81 Application of Chapter 6B
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(a) Code Section 10-6B-19 shall apply retroactively to powers of attorney created before July 1, 2018. The remainder of this chapter shall not apply to a power of attorney executed before July 1, 2017. (b) When Code Section 10-6B-3 applies to a power of attorney, Chapter 6 of thi…
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. § 10-7-1 Contributed capital
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Invest Georgia fund, §10-10-11. Control, controlling or controlled by. Telemarketing deception, fraud or abuse, §10-5B-2. Convenience warehouse, §10-4-191. Cooperatives. Consignment of art, §10-1-521. Copper property. Secondary metals recyclers, §10-1-350. Copper wire. Secondary …
O.C.G.A. § 10-7-2 Negotiable instruments
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Discharge of parties to negotiable instruments. Provisions of commercial paper article to control, §10-7-27. Notice. Parties claiming protection under a payment bond or security deposit. Action prerequisites, §10-7-31. Refusal to sue principal after notice by surety. Discharge of…
O.C.G.A. § 10-7-20 Effect of release of or compounding with surety
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The creditor may release or compound with the surety without releasing the principal, but the release of or compounding with one surety shall discharge a cosurety. History. Orig. Code 1863, § 2129; Code 1868, § 2124; Code 1873, § 2152; Code 1882, § 2152; Civil Code 1895, § 2970; …
O.C.G.A. § 10-7-21 Novation; effect
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Any change in the nature or terms of a contract is called a “novation”; such novation, without the consent of the surety, discharges him. History. Orig. Code 1863, § 2130; Code 1868, § 2125; Code 1873, § 2153; Code 1882, § 2153; Civil Code 1895, § 2971; Civil Code 1910, § 3543; C…
O.C.G.A. § 10-7-22 Discharge of surety by increase of risk
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Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk or exposes him to greater liability shall discharge him; a mere failure by the creditor to sue as soon as the law allows or neglect to prosecute with vig…
O.C.G.A. § 10-7-23 TENDER OF SETTLEMENT
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Gasoline. Below cost sales. Effect of written tender of settlement, §10-1-255. Unfair or deceptive trade practices. Fair business practices act of 1975. Written tender of settlement, §10-1-399. THEATERS.
O.C.G.A. § 10-7-24 Refusal to sue principal after notice by surety as discharge
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Any surety, guarantor, or endorser, at any time after the debt on which he or she is liable becomes due, may give notice in writing to the creditor, his or her agent, or any person having possession or control of the obligation, to proceed to collect the debt from the principal o…
O.C.G.A. § 10-7-25 Extending liability
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The creditor shall pursue his remedy against the surety within the time prescribed by law; and no payment or promise by the principal or by a cosurety shall extend the obligation of the surety or the remedy of the creditor against him. History. Orig. Code 1863, § 2135; Code 1868,…
O.C.G.A. § 10-7-26 Promise to pay in ignorance of discharge
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If by an act of the creditor the surety is discharged and in ignorance of the fact of the discharge the surety promises to pay, the promise shall not be binding. History. Orig. Code 1863, § 2136; Code 1868, § 2131; Code 1873, § 2158; Code 1882, § 2158; Civil Code 1895, § 2976; Ci…
O.C.G.A. § 10-7-27 Provisions of Uniform Commercial Code to control
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Code Sections 10-7-20 through 10-7-26 shall be superseded to the extent of any conflict by the provisions of Article 3 of Title 11, the “Uniform Commercial Code — Negotiable Instruments,” relating to the discharge of any party to a negotiable instrument. History. Ga. L. 1997, p. 1…
O.C.G.A. § 10-7-29 Judgment against principal and surety at same time
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It shall be lawful to enter judgment against principal and sureties at the same time, as in cases of appeal, in all cases in law or equitable proceedings when a bond has been given by the losing party conditioned 1183 10-7-29 to pay the eventual condemnation money in the action; …
O.C.G.A. § 10-7-3 Suretyship not extended by implication
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The contract of suretyship is one of strict law; and the surety’s liability will not be extended by implication or interpretation. History. Orig. Code 1863, § 2127; Code 1868, § 2122; Code 1873, § 2150; Code 1882, § 2150; Civil Code 1895, § 2968; Civil Code 1910, § 3540; Code 193…
O.C.G.A. § 10-7-30 Columbus Fire & Safety Equip
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Co. v. American Druggist Ins. Co., 166 Ga. App. 509, 304 S.E.2d 471, 1983 Ga. App. LEXIS 2225 (1983). Estoppel. — Indemnitors were estopped from contending that the insurer’s failure to pay the owner’s claim prior to trial constituted a breach of fiduciary duty on the insurer’s pa…
O.C.G.A. § 10-7-4 Form of contract immaterial
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The form of the contract is immaterial, provided the fact of suretyship exists. History. Orig. Code 1863, § 2128; Code 1868, § 2123; Code 1873, § 2151; Code 1882, § 2151; Civil Code 1895, § 2969; Civil Code 1910, § 3541; Code 1933, § 103-104. Editor’s notes. In Massell v. Prudent…
O.C.G.A. § 10-7-40 Attachment against principal
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A surety or endorser is entitled to the process of attachment against his principal before payment of the debt under the same circumstances as any other creditor. History. Orig. Code 1863, § 2138; Code 1868, § 2133; Code 1873, § 2160; Code 1882, § 2160; Civil Code 1895, § 2979; C…
O.C.G.A. § 10-7-41 Fabian v
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Dykes, 214 Ga. App. 792, 449 S.E.2d 305, 1994 Ga. App. LEXIS 1059 (1994). Voluntary payment entitles surety to proceed against principal. — Voluntary payment by a surety of a past due debt entitles the surety to proceed immediately against the principal for the amount paid in the…
O.C.G.A. § 10-7-42 Effect of judgment against surety
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If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of such 1195 10-7-42 judgment shall be conclusive against the principal as to the amount for which the surety was bound. If the payment was not made af…
O.C.G.A. § 10-7-43 Recovery of usury paid by surety
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If the contract was originally usurious and the surety in making payment includes the usury, he shall recover the same from the principal unless previous to the payment he had notice of the intention of the principal to resist usury. History. Orig. Code 1863, § 2141; Code 1868, §…
O.C.G.A. § 10-7-45 Proof of suretyship by parol
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If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after judgment (the creditor not being delayed in his remedy by such collateral issue between the principal and his surety), if before judgment the surety shall give…
O.C.G.A. § 10-7-46 Effect of release of or compounding with surety
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Novation; effect. Discharge of surety by increase of risk. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety. Refusal to sue principal after notice by surety as discharge. Extending liability. Promise to pay in ignorance of disch…
O.C.G.A. § 10-7-47 When sued separately, §10-7-48
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Indorser’s right to control judgment, §10-7-54. Judgment against principal and surety at same time, §10-7-29. Payment of debt pending action by surety. Judgment for plaintiff for use of surety, §10-7-49. Process sued out and judgment entered against sureties, §10-7-28. Proof afte…
O.C.G.A. § 10-7-50 Interest
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Action by surety for payment of debt past due, §10-7-41. Recovery of usury paid by surety, §10-7-43. Sum recovered as contribution, §10-7-51. Judgments.
O.C.G.A. § 10-7-51 Usurious interest
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Suretyship, §§10-7-41, 10-7-43, 10-7-51. INTERFERENCE WITH AGENT’S POSSESSION. Right of action, §10-6-83. INTERNET. Credit report security freezes. Internet-based method of requesting, §10-1-914. Mug shots published on public website, §10-1-393.5. Music download websites. True or…
O.C.G.A. § 10-7-52 Corporations
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Bad faith refusal of corporate surety to perform contract, §10-7-30. Costs. Action for payment by surety of debt past due, §10-7-41. Damages. Corporate sureties. Bad faith refusal to perform contract, §10-7-30. Debt past due. Action for payment by surety, §10-7-41. Discharge of s…
O.C.G.A. § 10-7-54 Endorser’s right to control judgment on debt and execution thereon
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Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the judgment against the principal and the endorsers is joint or several, shall be entitled to control the judgment and execution founded thereon …
O.C.G.A. § 10-7-55 Protection of bona fide purchasers when surety controls judgment
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When the surety does not appear to be such in the judgment and execution, the lien of such judgment, when controlled by the surety, shall not interfere with bona fide purchasers without notice from the principal, whose rights were vested before the order giving control to the sure…
O.C.G.A. § 10-7-56 Subrogation to rights of creditor; priority of claim
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A surety who has paid the debt of his principal shall be subrogated, both at law and in equity, to all the rights of the creditor and, in a controversy with other creditors, shall rank in dignity the same as the creditor whose claim he paid. History. Ga. L. 1857, p. 111, § 4; Cod…
O.C.G.A. § 10-7-57 Title of principal
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Estoppel, §10-6-26. Torts, §10-6-85. Liability of principal for injuries by other agents, §10-6-39. Neglect and fraud of agent, §10-6-60. Willful trespass. Principal liable for, §10-6-61. Trespass. Principal liable for agent’s willful trespass, §10-6-61. Undisclosed principals. D…
O.C.G.A. § 10-9-1 Short title
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This chapter shall be known and may be cited as the “Geo. L. Smith II Georgia World Congress Center Act.” History. Ga. L. 1974, p. 174, § 1; Code 1981, § 10-9-1, enacted by Ga. L. 1982, p. 1122, § 1; Ga. L. 2017, p. 774, § 10/HB 323. 1229 10-9-3 10-9-2. Re-creation of “Geo.
O.C.G.A. § 10-9-10 Exemption of authority from taxation
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It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public 1240 10-9-10 GEO. L. SMITH II GA WORLD CONG. CTR. 10-9-12 purposes and that the au…
O.C.G.A. § 10-9-11 Venue and jurisdiction of actions under chapter
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Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. History. Ga. L. 1974, p. 174, § 8; …
O.C.G.A. § 10-9-13 Moneys received considered trust funds; exception
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All moneys received pursuant to the authority of this chapter, whether as grants, contributions, or gifts or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter, except that grants, contributions, or gifts,…
O.C.G.A. § 10-9-14 Short title
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Re-creation of “Geo. L. Smith II Georgia World Congress Center Authority.” Definitions. Purpose of authority; powers generally. Adoption and enforcement of ordinances relating to property, affairs, and administration of authority; penalties. Transfer of duties of Department of Eco…
O.C.G.A. § 10-9-15 Grants, §10-9-12
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Jurisdiction of actions under chapter, §10-9-11. Local trade and convention center.
O.C.G.A. § 10-9-16 Duties of Attorney General
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The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45, relating to the Attorney General, shall apply. History. Ga. L. 1973, p. 666, § 3; Ga. L. 1974, p. 174, § 13; Code 1981, § 10-9-12; Code 1981, …
O.C.G.A. § 10-9-16.1 Health spas
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Requirements, §10-1-393.2. Heavy equipment multiline dealers. Agreements between dealers and suppliers generally, §§10-1-730 to 10-1-740. Installment contracts.
O.C.G.A. § 10-9-16.2 Disposition of real property not required by authority; excepted property
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(a) This Code section does not apply to any real property: (1) Held by the authority for management under Code Section 10-9-5 or contract with the Department of Economic Development pursuant to such Code section; (2) Held by the authority as lessee under lease from the Department…
O.C.G.A. § 10-9-17 Powers declared supplemental and additional
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The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and…
O.C.G.A. § 10-9-18 Liberal construction of chapter
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This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. History. Ga. L. 1974, p. 174, § 15; Code 1981, § 10-9-16; Code 1981, § 10-9-18, enacted by Ga. L. 1982, p. 1122, § 1. 10-9-19. Accounts and audits.
O.C.G.A. § 10-9-19 AUTOMOBILES
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Franchises, §§10-1-620 to 10-1-670. Lemon law, §§10-1-780 to 10-1-798. Motor vehicles sales finance act, §§10-1-30 to 10-1-42. BAD FAITH. Aged persons. Protection of disabled adults and elder persons. Reporting of need for protective services. Financial protections for elderly and…
O.C.G.A. § 10-9-2 Re-creation of “Geo
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L. Smith II Georgia World Congress Center Authority.” There is re-created the “Geo. L. Smith II Georgia World Congress Center Authority” as a body corporate and politic, which shall be an instrumentality of the State of Georgia and a public corporation. History. Code 1981, § 10-9…
O.C.G.A. § 10-9-20 Senate
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President. Geo. L. Smith II Georgia World Congress Center authority overview committee. Appointment of members, §10-9-20. GEO.
O.C.G.A. § 10-9-21 Cooperation with committee, §10-9-22
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STATE DEPARTMENTS AND AGENCIES. Common day of rest act of 1974. Exemption from article, §10-1-576. Identity theft. Breach of security regarding personal information. Notification requirements, §10-1-912. Data collector defined, §10-1-911.
O.C.G.A. § 10-9-23 Criteria for evaluating authority
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In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) P…
O.C.G.A. § 10-9-24 Expenditure of funds; expenses of committee members
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(a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all ot…