Title 10 — Commerce and Trade
0 chapters · 906 sections in this title.
O.C.G.A. § 10-12-15 Sending and receipt of electronic records
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(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when: (1) It is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for receiving electronic records or infor…
O.C.G.A. § 10-12-16 Transferable records
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(a) As used in this Code section, the term “transferable record” means an electronic record that: (1) Would be a note under Article 3 of Title 11 or a document under Article 7 of Title 11 if the electronic record were in writing; and (2) The issuer of the electronic record expres…
O.C.G.A. § 10-12-17 Standards for use
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Adoption, §10-12-18. Consistency and interoperability with standards employed by other agencies, §10-12-19. Utilization of electronic records, determination as to whether and to what extent, §10-12-18. Legal effect, §10-12-7. Attributing record or signature to a particular person…
O.C.G.A. § 10-12-19 Standards
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Any governmental agency of this state which adopts standards pursuant to Code Section 10-12-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongo…
O.C.G.A. § 10-12-2 Definitions
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As used in this chapter, the term: (1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures, given the effect of agreements under laws otherwise applicable to a particular…
O.C.G.A. § 10-12-20 Short title, §10-12-1
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UNIFORM SECURITIES ACT OF 2008. General provisions, §§10-5-1 to 10-5-90. Short title.
O.C.G.A. § 10-12-3 Applicability to electronic records and signatures relating to a transaction
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(a) Except as otherwise provided in subsection (b) of this Code section, this chapter shall apply to electronic records and electronic signatures relating to a transaction. 1299 10-12-5 (b) This chapter shall not apply to a transaction to the extent it is governed by: (1) A law g…
O.C.G.A. § 10-12-6 Construction and applicability
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This chapter shall be construed and applied: (1) To facilitate electronic transactions consistent with other applicable laws; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) To effectua…
O.C.G.A. § 10-12-7 Legal effect of electronic records or signatures
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(a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation. 1301 10-12-8 (c) If a law require…
O.C.G.A. § 10-13-1 Legislative findings; Master Settlement Agreement
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(a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobaccorelated d…
O.C.G.A. § 10-13-2 Definitions
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As used in this chapter, the term: (1) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) “Affiliate” means a person who directly or indirectly owns or controls, is owned or…
O.C.G.A. § 10-13-3 Deposits into escrow accounts; violations
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Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after the date of enactment of this chapter shall do one of the following: (1) Become a participating…
O.C.G.A. § 10-13A-1 Legislative findings
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The General Assembly finds that violations of Chapter 13 of this title threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The General Assembly finds that enacting procedural enhancements will aid the enforceme…
O.C.G.A. § 10-13A-10 CLAIMS
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Powers of attorney. Agents. Construction of authority of agents, §10-6B-42. 1429 INDEX CLAIMS —Cont’d Powers of attorney —Cont’d Specification of authority of agents. Claims and litigation, §10-6B-51. CLUBHOUSES —Cont’d Geo. L. Smith II Georgia World Congress Center Act —Cont’d Pr…
O.C.G.A. § 10-13A-2 Definitions
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As used in this chapter, the term: (1) “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol,” “lights,” “kings,” and “100s,” and incl…
O.C.G.A. § 10-13A-3 Appeals, requirements, §10-13A-10
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Construction and interpretation. Conflicting provisions, §10-13A-10. Criminal offenses, §10-13A-9. Defined terms, §10-13A-2. Directory. Affixing tax stamp to manufacturer or brand not in directory prohibited, §10-13A-5. Availability, §10-13A-4. Defined, §10-13A-2. Foreign nonpartici…
O.C.G.A. § 10-13A-5 Purpose of chapter, §10-13A-1
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Records. Documentation provided by distributors, §10-13A-8. Maintenance, §10-13A-3. Rules and regulations. Authority to promulgate, §10-13A-8. Severability of provisions, §10-13A-10. Suspension of distributor’s license. Remedies for noncompliance, §10-13A-9. 1580 INDEX TOBACCO PR…
O.C.G.A. § 10-13A-6 Legislative findings
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Definitions. Certification of compliance with Master Settlement Agreement; requirements; retention of documentation of sales. Availability of directory; inclusion and maintenance requirements; provision of email by distributor. Prohibition against affixing tax stamp to manufacturer…
O.C.G.A. § 10-13A-7 Bond from nonparticipating manufacturers; escrow
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(a) All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted by a corporate surety located within the United States. The bond shall be posted and evidence of …
O.C.G.A. § 10-13A-8 Trade secrets
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General provisions, §§10-1-760 to 10-1-767. Unfair or deceptive trade practices.
O.C.G.A. § 10-13A-9 Trademarks and service marks
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Person causing seizure of goods not counterfeit. Fees expended in defending against seizure, §10-1-451. Trade secret misappropriation actions, §10-1-764. True origin of digital goods act. Action by owner, agent or licensee of recording or work disseminated in violation of provisi…
O.C.G.A. § 10-13B-1 Legislative findings
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The General Assembly finds that: (1) There is an opioid epidemic occurring in the United States, and the State of Georgia has been greatly impacted; (2) State-wide coordination surrounding and managing opioid addiction and related disorders is critical to the health and safety of …
O.C.G.A. § 10-13B-2 Definitions
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As used in this chapter, the term: (1) “Governmental entity” means: (A) This state and each of its departments, agencies, divisions, boards, commissions, authorities, and instrumentalities; and (B) A political subdivision or creation of this state, including a county, municipalit…
O.C.G.A. § 10-13B-3 Bar to litigation by state-wide opioid settlement; exception; effective date
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(a) Entry into a state-wide opioid settlement agreement shall serve to bar any and all past, present, or future claims on behalf of any governmental entity seeking to recover against any business or person that is a released entity under the terms of the relevant settlement. Such…
O.C.G.A. § 10-14-1 Short title
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This chapter shall be known and may be cited as the “Georgia Cemetery and Funeral Services Act of 2000.” History. Code 1981, § 44-3-130, enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, § 1014-1, as redesignated by Ga. L. 2000, p. 1340 882, § 1; Ga. L. 2024, p. 1052, § 2(65)/SB 4…
O.C.G.A. § 10-14-10 Minimum acreage for cemeteries; exceptions
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(a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land. 1372 10-14-11 (b) The following cemeteries…
O.C.G.A. § 10-14-12 Rules and regulations, §10-14-14
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Authority of state board, §10-14-3.1. Minimum standards, §10-14-30. Owner of cemetery, §10-14-16. Sale of burial rights, burial or funeral services. Prohibited acts, §10-14-17. Secondary metals recyclers. Purchase of burial objects. Documentation of seller, §10-1-352. Secretary o…
O.C.G.A. § 10-14-13 Venue for civil or 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. § 10-14-14 Administration of chapter; rules and regulations
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(a) The administration of the provisions of this chapter shall be vested in the Secretary of State. (b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all …
O.C.G.A. § 10-14-15 Investigations by Secretary of State; subpoenas; hearings
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(a) The Secretary of State, at his or her discretion: (1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or …
O.C.G.A. § 10-14-16 Cemetery rules and regulations; schedule of charges
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(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property wit…
O.C.G.A. § 10-14-17 Prohibited acts; fees
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(a) It shall be unlawful for any person: (1) To sell or offer to sell any burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to…
O.C.G.A. § 10-14-18 Duties of registrants; requirements of written contracts
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(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall: (1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for…
O.C.G.A. § 10-14-19 Enforcement of chapter; civil penalties
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(a) Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or is…
O.C.G.A. § 10-14-2 Legislative findings and intent
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(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to m…
O.C.G.A. § 10-14-20 Criminal penalties
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(a) Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to…
O.C.G.A. § 10-14-21 Purchaser’s remedy for violations
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(a) Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the co…
O.C.G.A. § 10-14-22 Judicial appeal of orders issued by Secretary of State
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(a)(1) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of…
O.C.G.A. § 10-14-24 Effect of consent to service of process
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When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the…
O.C.G.A. § 10-14-25 Registration, §§10-14-4, 10-14-7
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Applications, §10-14-4. Amendment, §10-14-9. Denial or refusal, §10-14-11. Duties of registrant, §10-14-18. Preneed dealers, §10-14-7. Preneed sales agents, §10-14-5. Renewal. Penalty for late filing of application, §10-14-11. Sale of or transfer of interest in registrant, §10-14-…
O.C.G.A. § 10-14-26 Secretary of State immune from liability
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For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune. Histor…
O.C.G.A. § 10-14-28 Actions pending under prior law
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(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless br…
O.C.G.A. § 10-14-29 Construction of mausoleums and columbariums; preconstruction trust funds
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(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum …
O.C.G.A. § 10-14-3 Definitions
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As used in this chapter, the term: (1) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms “owns,” “is owned,” and “ownersh…
O.C.G.A. § 10-14-3.1 Authority of boards
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As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duti…
O.C.G.A. § 10-14-30 Short title, §10-14-1
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Injunctions. Enforcement powers of Secretary of State, §10-14-19. Installation of merchandise. Prohibited acts, §10-14-17. Investigations. Secretary of State, §10-14-15. Legislative declaration, §10-14-2. Life insurance agents. Relationship with funeral establishments, §10-14-5.1…
O.C.G.A. § 10-14-5.1 Relationship between life insurance and funeral establishment
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Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identifies the funeral establishment or any reference to a funeral establishment or crematory in connection with the sale of life insurance without the …
O.C.G.A. § 10-14-6 Perpetual care trust funds
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(a) As used in this Code section, the term “income” means: (1) The net income, including the collected dividends, interest, net realized gains, and other income of the trust reduced by any expenses, including, but not limited to, taxes on income, fees, commissions, and costs; or …
O.C.G.A. § 10-14-7 Preneed escrow accounts or trust funds
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(a)(1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services, other than preneed funeral services described in Code Section 10-14-7.1, shall establish and maintain a trust fund or a preneed escrow account. (2) With …
O.C.G.A. § 10-15-1 Definitions
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As used in this chapter, the term: (1) “Attorney General” means the Attorney General or his or her designee. (2) “Business” means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit. Th…