O.C.G.A. § 10-6a-4 — GA Code / Title 10 / Chapter 6A / Section 10-6a-4
Georgia Code Title 10. Commerce and Trade § 10-6A-4
Status: in_force

(a) A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, unless the parties expressly agree otherwise in a writing signed by the parties. A broker shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising reasonable care in the discharge of its specified duties as provided in this chapter and, in the case of a client, as specified in the brokerage engagement.

(a) A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, unless the parties expressly agree otherwise in a writing signed by the parties. A broker shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising reasonable care in the discharge of its specified duties as provided in this chapter and, in the case of a client, as specified in the brokerage engagement.

(b) Whenever a broker with an existing brokerage relationship with either a customer or a client enters into a new brokerage relationship with the customer or client, the broker shall timely disclose that fact and the new brokerage relationship to all brokers, customers, or clients involved in the contemplated real estate transaction.

(b) Whenever a broker with an existing brokerage relationship with either a customer or a client enters into a new brokerage relationship with the customer or client, the broker shall timely disclose that fact and the new brokerage relationship to all brokers, customers, or clients involved in the contemplated real estate transaction.
O.C.G.A. § 10-5-78 — GA Code / Title 10 / Chapter 5 / Section 10-5-78
Georgia Code Title 10. Commerce and Trade § 10-5-78
Status: in_force

(a) A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(a) A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(b) A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(b) A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 10-2-2 — GA Code / Title 10 / Chapter 2 / Section 10-2-2
Georgia Code Title 10. Commerce and Trade § 10-2-2
Status: in_force

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized; and either one, or both, of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the State of Georgia.
O.C.G.A. § 10-9-23 — GA Code / Title 10 / Chapter 9 / Section 10-9-23
Georgia Code Title 10. Commerce and Trade § 10-9-23
Status: in_force

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;

(1) Prudent, legal, and accountable expenditure of public funds;

(2) Efficient operation; and

(2) Efficient operation; and

(3) Performance of its statutory responsibilities.

(3) Performance of its statutory responsibilities.
O.C.G.A. § 10-4-80 — GA Code / Title 10 / Chapter 4 / Section 10-4-80
Georgia Code Title 10. Commerce and Trade § 10-4-80
Status: in_force

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 thereof, shall be punished for each offense by imprisonment in the state penitentiary for a period of not less than one nor more than five years, or by a fine not exceeding $5,000.00.
O.C.G.A. § 10-1-8 — GA Code / Title 10 / Chapter 1 / Section 10-1-8
Georgia Code Title 10. Commerce and Trade § 10-1-8
Status: in_force

(a) Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items. Each payment with respect to a revolving account shall be applied to goods and services as follows: first to unpaid time price differential or finance charge; then, as to goods purchased on different dates, the first purchased shall be deemed first paid for; as to goods purchased on the same date, the lowest priced shall be deemed first paid for.

(a) Any security interest taken pursuant to a retail installment contract or revolving account shall not be taken with respect to clothing, softwares, and other nondurable items. Each payment with respect to a revolving account shall be applied to goods and services as follows: first to unpaid time price differential or finance charge; then, as to goods purchased on different dates, the first purchased shall be deemed first paid for; as to goods purchased on the same date, the lowest priced shall be deemed first paid for.

(b) Nothing contained in subsection (a) of this Code section shall prevent the parties from agreeing in writing for the payments to be otherwise applied; provided, however, that this Code section shall be construed consistently with Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.” Nothing in this Code section shall be deemed to authorize any act or practice which would otherwise be deemed unfair and deceptive under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.”

(b) Nothing contained in subsection (a) of this Code section shall prevent the parties from agreeing in writing for the payments to be otherwise applied; provided, however, that this Code section shall be construed consistently with Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.” Nothing in this Code section shall be deemed to authorize any act or practice which would otherwise be deemed unfair and deceptive under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.”
O.C.G.A. § 10-1-765 — GA Code / Title 10 / Chapter 1 / Section 10-1-765
Georgia Code Title 10. Commerce and Trade § 10-1-765
Status: in_force

In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
O.C.G.A. § 10-1-781 — GA Code / Title 10 / Chapter 1 / Section 10-1-781
Georgia Code Title 10. Commerce and Trade § 10-1-781
Status: in_force

The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article.
O.C.G.A. § 10-1-591 — GA Code / Title 10 / Chapter 1 / Section 10-1-591
Georgia Code Title 10. Commerce and Trade § 10-1-591
Status: in_force

As used in this article, the term:

(1) “ Attorney General ” means the Attorney General or his or her designee.

(1) “ Attorney General ” means the Attorney General or his or her designee.

(2) “ Business day ” means any day other than a Saturday, Sunday, or legal holiday.

(2) “ Business day ” means any day other than a Saturday, Sunday, or legal holiday.

(3) “ Buying service ,” “ buying club ,” or “ club ” means any corporation, partnership, unincorporated association, or other business enterprise which is organized with the primary purpose of providing benefits to members from the cooperative purchase of service or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this state.

(3) “ Buying service ,” “ buying club ,” or “ club ” means any corporation, partnership, unincorporated association, or other business enterprise which is organized with the primary purpose of providing benefits to members from the cooperative purchase of service or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this state.

(4) “ Contract ” means any contract or agreement by which a person becomes a member of a buying service or club.

(4) “ Contract ” means any contract or agreement by which a person becomes a member of a buying service or club.

(5) “ Member ” means any natural person who is entitled to any of the benefits of a buying service or buying club.

(5) “ Member ” means any natural person who is entitled to any of the benefits of a buying service or buying club.
O.C.G.A. § 10-2-7 — GA Code / Title 10 / Chapter 2 / Section 10-2-7
Georgia Code Title 10. Commerce and Trade § 10-2-7
Status: in_force

No person shall sell, offer, or expose for sale less than the quantity he represents nor take any more than the quantity he represents when, as buyer, he furnishes the weight or measure by means of which the quantity is determined.
O.C.G.A. § 10-1-261 — GA Code / Title 10 / Chapter 1 / Section 10-1-261
Georgia Code Title 10. Commerce and Trade § 10-1-261
Status: in_force

The General Assembly of Georgia finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety.
O.C.G.A. § 10-1-235 — GA Code / Title 10 / Chapter 1 / Section 10-1-235
Georgia Code Title 10. Commerce and Trade § 10-1-235
Status: in_force

(a) Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this article in the superior court of the county where such distributor resides or, if the distributor is a corporation, in accordance with Title 14, to recover damages sustained by reason of any violation of this article, provided that the dealer shall show as a prerequisite to recovery under this Code section that he has: (1) Complied with the reasonable requirements of the marketing agreement; and (2) Has acted in good faith in carrying out the terms of the marketing agreement.

(a) Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this article in the superior court of the county where such distributor resides or, if the distributor is a corporation, in accordance with Title 14, to recover damages sustained by reason of any violation of this article, provided that the dealer shall show as a prerequisite to recovery under this Code section that he has:

(1) Complied with the reasonable requirements of the marketing agreement; and

(1) Complied with the reasonable requirements of the marketing agreement; and

(2) Has acted in good faith in carrying out the terms of the marketing agreement.

(2) Has acted in good faith in carrying out the terms of the marketing agreement.

(b) The court may grant such equitable relief as is proper, including declaratory judgment and injunctive relief.

(b) The court may grant such equitable relief as is proper, including declaratory judgment and injunctive relief.

(c) Attorneys' fees shall be controlled by Code Section 13-6-11 .

(c) Attorneys' fees shall be controlled by Code Section 13-6-11 .
O.C.G.A. § 10-4-170 — GA Code / Title 10 / Chapter 4 / Section 10-4-170
Georgia Code Title 10. Commerce and Trade § 10-4-170
Status: in_force

(a) Tobacco warehousemen licensed and bonded under the laws of this state to operate warehouses for the sale of leaf tobacco at auction are authorized to organize, either as nonstock corporations or as voluntary associations, tobacco boards of trade in the several municipalities of this state in which leaf tobacco is sold on warehouse floors at auction.

(a) Tobacco warehousemen licensed and bonded under the laws of this state to operate warehouses for the sale of leaf tobacco at auction are authorized to organize, either as nonstock corporations or as voluntary associations, tobacco boards of trade in the several municipalities of this state in which leaf tobacco is sold on warehouse floors at auction.

(b) Said tobacco warehousemen may also, by majority vote, authorize any nonstock corporation or voluntary association of tobacco warehousemen, in which a majority of such warehousemen in this state are members, to exercise on a state-wide basis the powers and duties provided in this part. In the event there shall be more than one such nonstock corporation or voluntary association in which a majority of such warehousemen are members, that organization possessing the largest number of such members shall be the organization which may be vested with such authority.

(b) Said tobacco warehousemen may also, by majority vote, authorize any nonstock corporation or voluntary association of tobacco warehousemen, in which a majority of such warehousemen in this state are members, to exercise on a state-wide basis the powers and duties provided in this part. In the event there shall be more than one such nonstock corporation or voluntary association in which a majority of such warehousemen are members, that organization possessing the largest number of such members shall be the organization which may be vested with such authority.
O.C.G.A. § 10-1-27 — GA Code / Title 10 / Chapter 1 / Section 10-1-27
Georgia Code Title 10. Commerce and Trade § 10-1-27
Status: in_force

(a) The requirements of this article shall not apply to sellers of automobiles, vans, trucks, motorized farm equipment, or other motor vehicles that are sold at auctions, tent sales, or other temporary places of business, provided that the seller is a seller of vehicles with a permanent place of business.

(a) The requirements of this article shall not apply to sellers of automobiles, vans, trucks, motorized farm equipment, or other motor vehicles that are sold at auctions, tent sales, or other temporary places of business, provided that the seller is a seller of vehicles with a permanent place of business.

(b) The requirements of this article shall not apply to sellers of arts, crafts, food, beverages, or other goods or services that are sold at fairs, carnivals, festivals, or other community events.

(b) The requirements of this article shall not apply to sellers of arts, crafts, food, beverages, or other goods or services that are sold at fairs, carnivals, festivals, or other community events.

(c) The requirements of this article shall not apply to sellers of goods or services that are sold at events sponsored, licensed, or hosted by this state, any local government, a church, or a public charity.

(c) The requirements of this article shall not apply to sellers of goods or services that are sold at events sponsored, licensed, or hosted by this state, any local government, a church, or a public charity.
O.C.G.A. § 10-14-24 — GA Code / Title 10 / Chapter 14 / Section 10-14-24
Georgia Code Title 10. Commerce and Trade § 10-14-24
Status: in_force

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 sale of burial lots, burial rights, burial services, or burial merchandise in violation of this chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail or statutory overnight delivery to the person against whom such process or pleadings are directed at such person's latest address on file in the office of the Secretary of State.
O.C.G.A. § 10-1-620 — GA Code / Title 10 / Chapter 1 / Section 10-1-620
Georgia Code Title 10. Commerce and Trade § 10-1-620
Status: in_force

This article shall be known and may be cited as the “Georgia Motor Vehicle Franchise Practices Act.”
O.C.G.A. § 10-1-408 — GA Code / Title 10 / Chapter 1 / Section 10-1-408
Georgia Code Title 10. Commerce and Trade § 10-1-408
Status: repealed

Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General.
O.C.G.A. § 10-7-26 — GA Code / Title 10 / Chapter 7 / Section 10-7-26
Georgia Code Title 10. Commerce and Trade § 10-7-26
Status: in_force

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.
O.C.G.A. § 10-14-5-1 — GA Code / Title 10 / Chapter 14 / Section 10-14-5-1
Georgia Code Title 10. Commerce and Trade § 10-14-5.1
Status: in_force

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 express written authorization of the funeral establishment. When a preneed funeral contract is funded by a life insurance policy, the funeral establishment shall be designated as the assignee of the death benefit payable under the policy in accordance with the terms of the preneed contract.
O.C.G.A. § 10-4-107-1 — GA Code / Title 10 / Chapter 4 / Section 10-4-107-1
Georgia Code Title 10. Commerce and Trade § 10-4-107.1
Status: in_force

(a) As used in this Code section, the term “tobacco contract” means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts to purchase tobacco to be grown by the tobacco grower other than at a tobacco auction.

(a) As used in this Code section, the term “tobacco contract” means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts to purchase tobacco to be grown by the tobacco grower other than at a tobacco auction.

(b) No tobacco contract for the purchase of tobacco grown in this state shall be valid or binding unless: (1) The tobacco grower is given the opportunity to have the proposed tobacco contract reviewed outside the business premises of the tobacco company or its agents by an attorney or adviser of the tobacco grower's choosing prior to execution; (2) The tobacco contract is written in plain English; and (3) The tobacco contract quotes the provisions of subsection (c) of this Code section.

(b) No tobacco contract for the purchase of tobacco grown in this state shall be valid or binding unless:

(1) The tobacco grower is given the opportunity to have the proposed tobacco contract reviewed outside the business premises of the tobacco company or its agents by an attorney or adviser of the tobacco grower's choosing prior to execution;

(1) The tobacco grower is given the opportunity to have the proposed tobacco contract reviewed outside the business premises of the tobacco company or its agents by an attorney or adviser of the tobacco grower's choosing prior to execution;

(2) The tobacco contract is written in plain English; and

(2) The tobacco contract is written in plain English; and

(3) The tobacco contract quotes the provisions of subsection (c) of this Code section.

(3) The tobacco contract quotes the provisions of subsection (c) of this Code section.

(c)(1) The tobacco grower shall have a right to cancel a tobacco contract until 12:00 Midnight of the third business day after the day on which the tobacco grower signs the contract. (2) Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract. (3) In the event of cancellation pursuant to this subsection, the tobacco grower shall refund to the tobacco company within ten days after the cancellation any consideration received by the tobacco grower from the tobacco company under the tobacco contract. (4) Notice of cancellation given by the tobacco grower need not take any particular form and, however expressed, is effective if it indicates the intention of the tobacco grower not to be bound by the tobacco contract.

(c)(1) The tobacco grower shall have a right to cancel a tobacco contract until 12:00 Midnight of the third business day after the day on which the tobacco grower signs the contract.

(c)(1) The tobacco grower shall have a right to cancel a tobacco contract until 12:00 Midnight of the third business day after the day on which the tobacco grower signs the contract.

(2) Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract.

(2) Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract.

(3) In the event of cancellation pursuant to this subsection, the tobacco grower shall refund to the tobacco company within ten days after the cancellation any consideration received by the tobacco grower from the tobacco company under the tobacco contract.

(3) In the event of cancellation pursuant to this subsection, the tobacco grower shall refund to the tobacco company within ten days after the cancellation any consideration received by the tobacco grower from the tobacco company under the tobacco contract.

(4) Notice of cancellation given by the tobacco grower need not take any particular form and, however expressed, is effective if it indicates the intention of the tobacco grower not to be bound by the tobacco contract.

(4) Notice of cancellation given by the tobacco grower need not take any particular form and, however expressed, is effective if it indicates the intention of the tobacco grower not to be bound by the tobacco contract.
O.C.G.A. § 10-4-77 — GA Code / Title 10 / Chapter 4 / Section 10-4-77
Georgia Code Title 10. Commerce and Trade § 10-4-77
Status: in_force

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.
O.C.G.A. § 10-1-10 — GA Code / Title 10 / Chapter 1 / Section 10-1-10
Georgia Code Title 10. Commerce and Trade § 10-1-10
Status: in_force

When any goods have been repossessed after default in accordance with Part 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after said repossession he forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's or holder's intention to pursue a deficiency claim against the buyer. The notice shall also advise the buyer of his rights of redemption, as well as his right to demand a public sale of the repossessed goods. In the event the buyer exercises his right to demand a public sale of the goods, he shall in writing so advise the seller or holder of his election by registered or certified mail or statutory overnight delivery addressed to the seller or holder at the address from which the seller's or holder's notice emanated, within ten days after the posting of the original seller's or holder's notice.

In the event of election of such public sale by the buyer, the seller or holder shall dispose of the repossessed goods at a public sale as provided by law, to be held in the state and county where the original sale took place or the state and county of the buyer's residence, at the seller's election.

This Code section is cumulative of Part 6 of Article 9 of Title 11 and provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim will lie against a buyer, and nothing in this Code section shall be deemed to repeal said part.
O.C.G.A. § 10-1-223 — GA Code / Title 10 / Chapter 1 / Section 10-1-223
Georgia Code Title 10. Commerce and Trade § 10-1-223
Status: in_force

<Section effective January 1, 2025.>

Whenever the Commissioner shall find any person willfully marketing the delivery of electricity for use in electric vehicles in violation of the laws of this state, of prescribed specifications of this article, or rules and regulations promulgated pursuant to this article, the Commissioner shall be authorized to apply to the superior court having jurisdiction over the offender for an injunction against the continuance of any such violations. The appropriate superior court shall have jurisdiction, upon hearing and for cause shown, to grant such temporary or permanent injunction restraining further violations as the circumstances appear to require.
O.C.G.A. § 10-1-875 — GA Code / Title 10 / Chapter 1 / Section 10-1-875
Georgia Code Title 10. Commerce and Trade § 10-1-875
Status: in_force

(a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract.

(a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract.

(b) Any waiver by a consumer of rights under this article is void.

(b) Any waiver by a consumer of rights under this article is void.

(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.

(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.
O.C.G.A. § 10-4-106 — GA Code / Title 10 / Chapter 4 / Section 10-4-106
Georgia Code Title 10. Commerce and Trade § 10-4-106
Status: reserved

(a) This Code section shall be known and may be cited as “The Georgia Tobacco Marketing Act of 1995.”

(a) This Code section shall be known and may be cited as “The Georgia Tobacco Marketing Act of 1995.”

(b) The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit: (1) Reserved; (2) Reserved; (3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3.5 percent of said gross sales.

(b) The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit:

(1) Reserved;

(1) Reserved;

(2) Reserved;

(2) Reserved;

(3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3.5 percent of said gross sales.

(3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3.5 percent of said gross sales.
O.C.G.A. § 10-6-7 — GA Code / Title 10 / Chapter 6 / Section 10-6-7
Georgia Code Title 10. Commerce and Trade § 10-6-7
Status: in_force

This chapter shall not apply to powers of attorney to which Chapter 6B of this title is applicable.
O.C.G.A. § 10-1-439-2 — GA Code / Title 10 / Chapter 1 / Section 10-1-439-2
Georgia Code Title 10. Commerce and Trade § 10-1-439.2
Status: in_force

Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide financial services of any kind to, to refrain from continuing to provide existing financial services to, to terminate existing financial services with, or to otherwise discriminate in the provision of financial services against a person or trade association solely because such person or trade association is engaged in the lawful commerce of firearms or ammunition products and is licensed pursuant to Chapter 44 of Title 18 of the United States Code or is a trade association.
O.C.G.A. § 10-1-14 — GA Code / Title 10 / Chapter 1 / Section 10-1-14
Georgia Code Title 10. Commerce and Trade § 10-1-14
Status: in_force

(a) No action shall be brought under this article more than four years after the person bringing the action knew or should have known of the occurrence of the alleged violation.

(a) No action shall be brought under this article more than four years after the person bringing the action knew or should have known of the occurrence of the alleged violation.

(b) The period of time specified by this Code section shall only apply to violations of this article which occur after July 1, 1979.

(b) The period of time specified by this Code section shall only apply to violations of this article which occur after July 1, 1979.
O.C.G.A. § 10-1-730 — GA Code / Title 10 / Chapter 1 / Section 10-1-730
Georgia Code Title 10. Commerce and Trade § 10-1-730
Status: in_force

This article shall be known and may be cited as the “Georgia Multiline Heavy Equipment Dealer Act.”
O.C.G.A. § 10-1-16 — GA Code / Title 10 / Chapter 1 / Section 10-1-16
Georgia Code Title 10. Commerce and Trade § 10-1-16
Status: in_force

This article shall not apply to the University System of Georgia or its educational units, to private colleges and universities in this state and associations thereof, or to student loan transactions of such educational entities, which educational entities and student loan transactions thereof are expressly exempted from the operation of its provisions.
O.C.G.A. § 10-6-28 — GA Code / Title 10 / Chapter 6 / Section 10-6-28
Georgia Code Title 10. Commerce and Trade § 10-6-28
Status: in_force

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. § 10-11-1 — GA Code / Title 10 / Chapter 11 / Section 10-11-1
Georgia Code Title 10. Commerce and Trade § 10-11-1
Status: in_force

As used in this chapter, the term:

(1) “Business record” means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by handwriting, typewriting, printing, photostat, photograph, magnetic impulse, mechanical or electronic recording, or another form of data compilation.

(1) “Business record” means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by handwriting, typewriting, printing, photostat, photograph, magnetic impulse, mechanical or electronic recording, or another form of data compilation.

(2) “Reproduction” means a counterpart of an original business record created by production from the same impression on the same matrix as the original; photograph, including an enlargement or miniature; mechanical or electronic rerecording; chemical reproduction; or another technique that accurately reproduces the original.

(2) “Reproduction” means a counterpart of an original business record created by production from the same impression on the same matrix as the original; photograph, including an enlargement or miniature; mechanical or electronic rerecording; chemical reproduction; or another technique that accurately reproduces the original.
O.C.G.A. § 10-5-108 — GA Code / Title 10 / Chapter 5 / Section 10-5-108
Georgia Code Title 10. Commerce and Trade § 10-5-108
Status: in_force

Nothing in this article shall limit a broker-dealer or investment adviser from being absolved of any applicable reporting duties under Code Section 30-5-4 and other laws of this state.
O.C.G.A. § 10-1-231 — GA Code / Title 10 / Chapter 1 / Section 10-1-231
Georgia Code Title 10. Commerce and Trade § 10-1-231
Status: in_force

The General Assembly finds and declares that the distribution and sales through marketing agreements of gasoline in the State of Georgia vitally affects the general economy of the state, the public interest, and public welfare and that it is necessary, therefore, in the public interest to define the relationships and responsibilities of the parties to such agreements.
O.C.G.A. § 10-1-834 — GA Code / Title 10 / Chapter 1 / Section 10-1-834
Georgia Code Title 10. Commerce and Trade § 10-1-834
Status: in_force

If a beauty pageant is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. For pageants subject to Code Section 10-1-832 , the surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator.
O.C.G.A. § 10-14-12 — GA Code / Title 10 / Chapter 14 / Section 10-14-12
Georgia Code Title 10. Commerce and Trade § 10-14-12
Status: in_force

(a) Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.

(a) Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.

(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this chapter and the rules and regulations promulgated under this chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.

(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this chapter and the rules and regulations promulgated under this chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.

(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State.

(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State.

(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.

(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.

(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.

(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.

(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 10-14-19 or by other means provided by the laws of this state.

(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 10-14-19 or by other means provided by the laws of this state.

(g) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form prescribed by the Secretary of State.

(g) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form prescribed by the Secretary of State.
O.C.G.A. § 10-1-151 — GA Code / Title 10 / Chapter 1 / Section 10-1-151
Georgia Code Title 10. Commerce and Trade § 10-1-151
Status: in_force

It shall be illegal to sell or offer for sale any gasoline or kerosene which is described and designated in this part and which is used or intended to be used for power, lubricating, illuminating, cooking, or heating purposes, when sold under whatever name, and which falls below the standard provided in this part. Any such gasoline or kerosene shall be subject to confiscation and destruction by order of the Commissioner of Agriculture.
O.C.G.A. § 10-15-2 — GA Code / Title 10 / Chapter 15 / Section 10-15-2
Georgia Code Title 10. Commerce and Trade § 10-15-2
Status: in_force

A business may not discard a record containing personal information unless it:

(1) Shreds the customer's record before discarding the record;

(1) Shreds the customer's record before discarding the record;

(2) Erases the personal information contained in the customer's record before discarding the record;

(2) Erases the personal information contained in the customer's record before discarding the record;

(3) Modifies the customer's record to make the personal information unreadable before discarding the record; or

(3) Modifies the customer's record to make the personal information unreadable before discarding the record; or

(4) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customer's record for the period between the record's disposal and the record's destruction.

(4) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customer's record for the period between the record's disposal and the record's destruction.
O.C.G.A. § 10-1-740 — GA Code / Title 10 / Chapter 1 / Section 10-1-740
Georgia Code Title 10. Commerce and Trade § 10-1-740
Status: in_force

The provisions of this article shall apply to any agreements entered into on or after July 1, 1989. The provisions of this article shall also apply to any agreement modified or amended on or after July 1, 1989. The provisions of this article are also applicable to any renewal or amendment of such agreements.
O.C.G.A. § 10-7-48 — GA Code / Title 10 / Chapter 7 / Section 10-7-48
Georgia Code Title 10. Commerce and Trade § 10-7-48
Status: in_force

If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and, if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as provided in cases of joint judgments.
O.C.G.A. § 10-1-439-17 — GA Code / Title 10 / Chapter 1 / Section 10-1-439-17
Georgia Code Title 10. Commerce and Trade § 10-1-439.17
Status: in_force

<Section effective January 1, 2024.>

As used in this part, the term:

(1) “ Customer ” means the person, business, or other entity placing or receiving an order, for remuneration, for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment through a third-party delivery service.

(1) “ Customer ” means the person, business, or other entity placing or receiving an order, for remuneration, for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment through a third-party delivery service.

(2) “Food service establishment” shall have the same meaning as provided in Code Section 26-2-370 .

(2) “Food service establishment” shall have the same meaning as provided in Code Section 26-2-370 .

(3) “ Ready-to-eat food ” means food in a form that is edible without additional preparation to render it safe for consumption.

(3) “ Ready-to-eat food ” means food in a form that is edible without additional preparation to render it safe for consumption.

(4) “ Third-party delivery service ” means a business, other than a food service establishment, that, for remuneration, operates a platform, website, mobile application, or other electronic service through which the order, pickup, transportation, or delivery of ready-to-eat food from a food service establishment to a customer is arranged.

(4) “ Third-party delivery service ” means a business, other than a food service establishment, that, for remuneration, operates a platform, website, mobile application, or other electronic service through which the order, pickup, transportation, or delivery of ready-to-eat food from a food service establishment to a customer is arranged.
O.C.G.A. § 10-4-72 — GA Code / Title 10 / Chapter 4 / Section 10-4-72
Georgia Code Title 10. Commerce and Trade § 10-4-72
Status: in_force

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 the system shall be self-sustaining and without cost to the state.
O.C.G.A. § 10-1-700 — GA Code / Title 10 / Chapter 1 / Section 10-1-700
Georgia Code Title 10. Commerce and Trade § 10-1-700
Status: in_force

As used in this article, the term:

(1) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.

(1) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.

(2) “Principal” means a person who does business in this state and who: (A) Manufactures, produces, imports, or distributes a tangible product for wholesale; (B) Contracts with a sales representative to solicit orders for the product; and (C) Compensates the sales representative in whole or in part by commission.

(2) “Principal” means a person who does business in this state and who:

(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;

(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;

(B) Contracts with a sales representative to solicit orders for the product; and

(B) Contracts with a sales representative to solicit orders for the product; and

(C) Compensates the sales representative in whole or in part by commission.

(C) Compensates the sales representative in whole or in part by commission.

(3) “Sales representative” means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale.

(3) “Sales representative” means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale.
O.C.G.A. § 10-5-5 — GA Code / Title 10 / Chapter 5 / Section 10-5-5
Georgia Code Title 10. Commerce and Trade § 10-5-5
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) . This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with Section 104(a) of that act, 15 U.S.C. Section 7004(a) .
O.C.G.A. § 10-4-212 — GA Code / Title 10 / Chapter 4 / Section 10-4-212
Georgia Code Title 10. Commerce and Trade § 10-4-212
Status: in_force

The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, fees for the late payment of rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to the date of the rental agreement in Georgia in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility.
O.C.G.A. § 10-6-63 — GA Code / Title 10 / Chapter 6 / Section 10-6-63
Georgia Code Title 10. Commerce and Trade § 10-6-63
Status: in_force

The principal may recover back money paid illegally or by mistake of his agent or goods wrongfully transferred by the agent, the party receiving the goods having notice of the agent's want of authority or willful misconduct.
O.C.G.A. § 10-6-29 — GA Code / Title 10 / Chapter 6 / Section 10-6-29
Georgia Code Title 10. Commerce and Trade § 10-6-29
Status: in_force

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.
O.C.G.A. § 10-4-18 — GA Code / Title 10 / Chapter 4 / Section 10-4-18
Georgia Code Title 10. Commerce and Trade § 10-4-18
Status: in_force

Any agricultural product delivered to a warehouse under this article shall be presumed to be delivered for storage.
O.C.G.A. § 10-1-120 — GA Code / Title 10 / Chapter 1 / Section 10-1-120
Georgia Code Title 10. Commerce and Trade § 10-1-120
Status: in_force

The term “paint,” as used in this article, shall include white lead basic, carbonate, or sublimate, in any kind of oil, or any compound intended for the same use, paste or semipaste, and liquid or mixed paint ready for use.
O.C.G.A. § 10-6-3 — GA Code / Title 10 / Chapter 6 / Section 10-6-3
Georgia Code Title 10. Commerce and Trade § 10-6-3
Status: in_force

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.
O.C.G.A. § 10-1-573 — GA Code / Title 10 / Chapter 1 / Section 10-1-573
Georgia Code Title 10. Commerce and Trade § 10-1-573
Status: in_force

Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations.
O.C.G.A. § 10-5-13 — GA Code / Title 10 / Chapter 5 / Section 10-5-13
Georgia Code Title 10. Commerce and Trade § 10-5-13
Status: in_force

(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 (7) or (8) of Code Section 10-5-10 or under Code Section 10-5-11 or an exemption or waiver created under Code Section 10-5-12 with respect to a specific security, transaction, or offer. An order issued under this Code section may be issued only pursuant to the procedures in subsection (d) of Code Section 10-5-25 or 10-5-73 and only prospectively.

(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 (7) or (8) of Code Section 10-5-10 or under Code Section 10-5-11 or an exemption or waiver created under Code Section 10-5-12 with respect to a specific security, transaction, or offer. An order issued under this Code section may be issued only pursuant to the procedures in subsection (d) of Code Section 10-5-25 or 10-5-73 and only prospectively.

(b) A person does not violate Code Section 10-5-20 , 10-5-22 through 10-5-25 , 10-5-53 , or 10-5-59 by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order.

(b) A person does not violate Code Section 10-5-20 , 10-5-22 through 10-5-25 , 10-5-53 , or 10-5-59 by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order.
O.C.G.A. § 10-1-527 — GA Code / Title 10 / Chapter 1 / Section 10-1-527
Georgia Code Title 10. Commerce and Trade § 10-1-527
Status: in_force

An art dealer who accepts a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photograph of the work of art only if:

(1) Notice is given to users or viewers that the work of art is the work of the artist; and

(1) Notice is given to users or viewers that the work of art is the work of the artist; and

(2) The artist gives prior written consent to the particular use or display.

(2) The artist gives prior written consent to the particular use or display.
O.C.G.A. § 10-1-670 — GA Code / Title 10 / Chapter 1 / Section 10-1-670
Georgia Code Title 10. Commerce and Trade § 10-1-670
Status: in_force

Any provision of this article which would, in the absence of this Code section, impair an obligation of a franchise agreement or any other agreement between a manufacturer or franchisor and a franchisee shall only apply to any such agreement made, entered into, renewed, extended, modified, or continued after the effective date of such provision. Otherwise, each provision of this article shall apply to all franchise or other agreements.
O.C.G.A. § 10-6-31 — GA Code / Title 10 / Chapter 6 / Section 10-6-31
Georgia Code Title 10. Commerce and Trade § 10-6-31
Status: in_force

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.
O.C.G.A. § 10-1-142 — GA Code / Title 10 / Chapter 1 / Section 10-1-142
Georgia Code Title 10. Commerce and Trade § 10-1-142
Status: in_force

The Commissioner of Agriculture is required to appoint, in accordance with Chapter 20 of Title 45, a chemist, who shall be an expert oil analyst, to be designated as the state oil chemist, whose duty it shall be to analyze all samples of gasoline and kerosene and all fluids purporting to be substitutes therefor or motor fuel improvements or other like products of petroleum, under whatever name they may be designated, and used for illuminating, heating, cooking, power, or lubricating purposes, submitted by the Commissioner of Agriculture or any duly authorized inspector or inspectors.
O.C.G.A. § 10-4-10 — GA Code / Title 10 / Chapter 4 / Section 10-4-10
Georgia Code Title 10. Commerce and Trade § 10-4-10
Status: in_force

(a) No person shall operate a warehouse as defined under this article in this state unless he or she has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same county or in adjoining counties or operates two or more grain warehouses in nonadjoining counties in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses.

(a) No person shall operate a warehouse as defined under this article in this state unless he or she has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same county or in adjoining counties or operates two or more grain warehouses in nonadjoining counties in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses.

(b) The Commissioner is authorized to issue to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this article and with such rules and regulations as may be made under this article, provided that each warehouse is found suitable for the proper storage of the particular agricultural product or products for which a license is to be issued and that such warehouseman agrees, as a condition to the granting of the license, to comply with all the terms of this article and the rules and regulations prescribed under this article. It shall be the duty of the Commissioner to issue a license to any responsible person applying therefor who can show that he is ready, willing, and able to meet the requirements of this article and the regulations under this article.

(b) The Commissioner is authorized to issue to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this article and with such rules and regulations as may be made under this article, provided that each warehouse is found suitable for the proper storage of the particular agricultural product or products for which a license is to be issued and that such warehouseman agrees, as a condition to the granting of the license, to comply with all the terms of this article and the rules and regulations prescribed under this article. It shall be the duty of the Commissioner to issue a license to any responsible person applying therefor who can show that he is ready, willing, and able to meet the requirements of this article and the regulations under this article.

(c)(1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include: (A) A balance sheet; (B) A profit and loss statement of income; (C) A statement of retained earnings; and (D) A statement of changes in financial position. (2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named. (3) Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 10-4-12 .

(c)(1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include: (A) A balance sheet; (B) A profit and loss statement of income; (C) A statement of retained earnings; and (D) A statement of changes in financial position.

(c)(1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include:

(A) A balance sheet;

(A) A balance sheet;

(B) A profit and loss statement of income;

(B) A profit and loss statement of income;

(C) A statement of retained earnings; and

(C) A statement of retained earnings; and

(D) A statement of changes in financial position.

(D) A statement of changes in financial position.

(2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named.

(2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named.

(3) Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 10-4-12 .

(3) Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 10-4-12 .
O.C.G.A. § 10-4-151 — GA Code / Title 10 / Chapter 4 / Section 10-4-151
Georgia Code Title 10. Commerce and Trade § 10-4-151
Status: in_force

It shall be the duty of each licensee to provide a certified public weigher for the weighing of carry-over tobacco at the time and place of receipt of the tobacco by operators for storage until the subsequent selling season, and it shall be unlawful for any person who is not a certified public weigher to weigh such tobacco.
O.C.G.A. § 10-2-47 — GA Code / Title 10 / Chapter 2 / Section 10-2-47
Georgia Code Title 10. Commerce and Trade § 10-2-47
Status: in_force

In the interest of public welfare, the seal provided for a certified public weigher shall be the property of the State of Georgia and shall be returned to the Commissioner upon termination of the duties as a certified public weigher.
O.C.G.A. § 10-5-76 — GA Code / Title 10 / Chapter 5 / Section 10-5-76
Georgia Code Title 10. Commerce and Trade § 10-5-76
Status: in_force

(a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.

(a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.

(b) The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential: (1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-71 ; (2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law; (3) Any document or record specifically designated as confidential in accordance with this chapter; and (4) Any document, record, or information designated as confidential by federal statute, rule, or regulation.

(b) The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential:

(1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-71 ;

(1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-71 ;

(2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law;

(2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law;

(3) Any document or record specifically designated as confidential in accordance with this chapter; and

(3) Any document or record specifically designated as confidential in accordance with this chapter; and

(4) Any document, record, or information designated as confidential by federal statute, rule, or regulation.

(4) Any document, record, or information designated as confidential by federal statute, rule, or regulation.
O.C.G.A. § 10-7-28 — GA Code / Title 10 / Chapter 7 / Section 10-7-28
Georgia Code Title 10. Commerce and Trade § 10-7-28
Status: in_force

When the fact of suretyship appears on the face of the contract, the creditor shall sue out process against the surety and enter up judgment against him as such.
O.C.G.A. § 10-9-45 — GA Code / Title 10 / Chapter 9 / Section 10-9-45
Georgia Code Title 10. Commerce and Trade § 10-9-45
Status: in_force

The proceeds of the revenue bonds shall be used solely for the payment of the costs of the project incurred with respect to the facilities designated by the resolution authorizing the issuance of such revenue bonds. The resolution authorizing the issuance of revenue bonds may provide that the proceeds thereof shall be disbursed upon requisition or order of the chairman of the authority or other designated officer of the authority or by the Georgia State Financing and Investment Commission acting on behalf of the authority under contract with the authority under such restrictions, if any, as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the facility or combined facilities, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, additional revenue bonds may in like manner be issued to provide the amount of the deficit which, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the revenue bonds first issued for the same purpose. If the proceeds of the revenue bonds of any issue shall exceed the amount required for the purpose for which such revenue bonds are issued, the surplus shall be used for one or more of the following purposes:

(1) Payment into the fund provided in Code Section 10-9-51 for the payment of principal and interest of such revenue bonds; or

(1) Payment into the fund provided in Code Section 10-9-51 for the payment of principal and interest of such revenue bonds; or

(2) For the purchase of such revenue bonds in the open market.

(2) For the purchase of such revenue bonds in the open market.
O.C.G.A. § 10-1-676 — GA Code / Title 10 / Chapter 1 / Section 10-1-676
Georgia Code Title 10. Commerce and Trade § 10-1-676
Status: in_force

As used in this article, the term:

(1) “Distributor” or “wholesaler” means any person, company, or corporation who sells or distributes marine products to marine dealers and who maintains distributor representatives within the state.

(1) “Distributor” or “wholesaler” means any person, company, or corporation who sells or distributes marine products to marine dealers and who maintains distributor representatives within the state.

(2) “Franchise” means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a marine dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of marine products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise.

(2) “Franchise” means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a marine dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of marine products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise.

(3) “Manufacturer” means any person, firm, association, corporation, or trust, resident or nonresident, that fabricates, manufactures, or assembles new and unused marine products. It does not include a person, firm, association, corporation, or trust which converts, modifies, or otherwise alters a marine product manufactured by another person, firm, association, corporation, or trust.

(3) “Manufacturer” means any person, firm, association, corporation, or trust, resident or nonresident, that fabricates, manufactures, or assembles new and unused marine products. It does not include a person, firm, association, corporation, or trust which converts, modifies, or otherwise alters a marine product manufactured by another person, firm, association, corporation, or trust.

(4) “Manufacturer sales representative” means any officer, agent, or employee employed by a person, firm, association, corporation, or trust that fabricates, manufactures, or assembles marine products or by a factory branch for the purpose of making or promoting the sale of marine products or supervising or contacting marine dealers or prospective dealers.

(4) “Manufacturer sales representative” means any officer, agent, or employee employed by a person, firm, association, corporation, or trust that fabricates, manufactures, or assembles marine products or by a factory branch for the purpose of making or promoting the sale of marine products or supervising or contacting marine dealers or prospective dealers.

(5) “Marine dealer” means any person who holds a bona fide contract, agreement, or franchise with a manufacturer or distributor of marine products.

(5) “Marine dealer” means any person who holds a bona fide contract, agreement, or franchise with a manufacturer or distributor of marine products.

(6) “Marine product” means a new or used watercraft, boat, vessel, or motor primarily designed for recreational or commercial use on water. The term also includes an outboard motor or a boat outfitted with an inboard or outboard motor. The term shall not mean a watercraft designed primarily for commercial use.

(6) “Marine product” means a new or used watercraft, boat, vessel, or motor primarily designed for recreational or commercial use on water. The term also includes an outboard motor or a boat outfitted with an inboard or outboard motor. The term shall not mean a watercraft designed primarily for commercial use.
O.C.G.A. § 10-1-371 — GA Code / Title 10 / Chapter 1 / Section 10-1-371
Georgia Code Title 10. Commerce and Trade § 10-1-371
Status: in_force

As used in this part, the term:

(1) “Article” means a product as distinguished from its trademark, label, or distinctive dress in packaging.

(1) “Article” means a product as distinguished from its trademark, label, or distinctive dress in packaging.

(2) “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

(2) “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

(3) “Collective mark” means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others or to indicate membership in the collective group or organization.

(3) “Collective mark” means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others or to indicate membership in the collective group or organization.

(4) “Mark” means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.

(4) “Mark” means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.

(5) “Person” means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

(5) “Person” means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

(6) “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others.

(6) “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others.

(7) “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others.

(7) “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others.

(8) “Trade name” means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.

(8) “Trade name” means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.
O.C.G.A. § 10-1-819 — GA Code / Title 10 / Chapter 1 / Section 10-1-819
Georgia Code Title 10. Commerce and Trade § 10-1-819
Status: in_force

Nothing in this article limits the rights or remedies which are otherwise available to a consumer under any other provisions of law.
O.C.G.A. § 10-1-679-1 — GA Code / Title 10 / Chapter 1 / Section 10-1-679-1
Georgia Code Title 10. Commerce and Trade § 10-1-679.1
Status: in_force

(a) This article shall be liberally construed and applied to promote its underlying remedial purposes and policies.

(a) This article shall be liberally construed and applied to promote its underlying remedial purposes and policies.

(b) The underlying purposes and policies of this article are: (1) To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis; (2) To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of recreational vehicle dealerships; (3) To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States.

(b) The underlying purposes and policies of this article are:

(1) To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis;

(1) To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis;

(2) To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of recreational vehicle dealerships;

(2) To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of recreational vehicle dealerships;

(3) To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and

(3) To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and

(4) To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States.

(4) To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States.

(c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.

(c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
O.C.G.A. § 10-6-52 — GA Code / Title 10 / Chapter 6 / Section 10-6-52
Georgia Code Title 10. Commerce and Trade § 10-6-52
Status: in_force

A ratification by the principal shall relate back to the act ratified and shall take effect as if originally authorized. A ratification may be express or implied from the acts or silence of the principal. A ratification once made may not be revoked.
O.C.G.A. § 10-4-190 — GA Code / Title 10 / Chapter 4 / Section 10-4-190
Georgia Code Title 10. Commerce and Trade § 10-4-190
Status: in_force

This article shall be known and may be cited as the “Convenience Warehouse Act of 1975.”
O.C.G.A. § 10-1-450 — GA Code / Title 10 / Chapter 1 / Section 10-1-450
Georgia Code Title 10. Commerce and Trade § 10-1-450
Status: in_force

Subject to Code Section 10-1-452 , any person who shall:

(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or

(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or

(2) Reproduce, counterfeit, copy, or colorably imitate any such trademark or service mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services;

(2) Reproduce, counterfeit, copy, or colorably imitate any such trademark or service mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services;

shall be liable to a civil action by the owner of such registered trademark or service mark for liquidated damages in the amount of $10,000.00, if such act has been committed with knowledge that the trademark or service mark has been registered under this part and such act has been committed without previously obtaining the consent of the owner thereof, and for any or all of the remedies provided in subsection (a) of Code Section 10-1-451 , except that actual damages shall not be recoverable when liquidated damages are sought, and except that under paragraph (2) of this Code section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such trademark or service mark is intended to be used to cause confusion or mistake or to deceive.
O.C.G.A. § 10-5-4 — GA Code / Title 10 / Chapter 5 / Section 10-5-4
Georgia Code Title 10. Commerce and Trade § 10-5-4
Status: in_force

A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department.
O.C.G.A. § 10-2-1 — GA Code / Title 10 / Chapter 2 / Section 10-2-1
Georgia Code Title 10. Commerce and Trade § 10-2-1
Status: in_force

As used in this chapter and any rules or regulations promulgated pursuant to this chapter, the term:

(1) “Commissioner” means the Commissioner of Agriculture, the primary constitutional officer of the Georgia Department of Agriculture, charged with the responsibility of enforcing weights and measures laws and regulations.

(1) “Commissioner” means the Commissioner of Agriculture, the primary constitutional officer of the Georgia Department of Agriculture, charged with the responsibility of enforcing weights and measures laws and regulations.

(2) “Correct,” as used in connection with weights and measures, means conformance to all applicable requirements of this chapter.

(2) “Correct,” as used in connection with weights and measures, means conformance to all applicable requirements of this chapter.

(3) “Measure” means a volume of standard dry or liquid capacity.

(3) “Measure” means a volume of standard dry or liquid capacity.

(4) “Package” means any commodity put up or packaged in any manner, in advance of sale, in units suitable for either wholesale or retail sale.

(4) “Package” means any commodity put up or packaged in any manner, in advance of sale, in units suitable for either wholesale or retail sale.

(5) “Person” means and includes individuals, partnerships, firms, corporations, companies, societies, and associations.

(5) “Person” means and includes individuals, partnerships, firms, corporations, companies, societies, and associations.

(6) “Primary standards” means the physical standards of the State of Georgia which serve as the legal reference from which all other standards and weights and measures are derived.

(6) “Primary standards” means the physical standards of the State of Georgia which serve as the legal reference from which all other standards and weights and measures are derived.

(7) “Sale from bulk” or “bulk sale” means the sale of commodities when the quantity is determined at the time of the sale.

(7) “Sale from bulk” or “bulk sale” means the sale of commodities when the quantity is determined at the time of the sale.

(8) “Secondary standards” means the physical standards which are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations.

(8) “Secondary standards” means the physical standards which are traceable to the primary standards through comparisons, using acceptable laboratory procedures, and used in the enforcement of weights and measures laws and regulations.

(9) “Weight,” as used in connection with any commodity, means net weight.

(9) “Weight,” as used in connection with any commodity, means net weight.

(10) “Weights and measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices.

(10) “Weights and measures” means all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices.
O.C.G.A. § 10-1-790 — GA Code / Title 10 / Chapter 1 / Section 10-1-790
Georgia Code Title 10. Commerce and Trade § 10-1-790
Status: in_force

(a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the Attorney General of the proposed sale or: (1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and (2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first. A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399 .

(a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the Attorney General of the proposed sale or:

(1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and

(1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and

(2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first.

(2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first.

A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399 .

(b) The manufacturer shall have 30 days to notify the Attorney General that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee.

(b) The manufacturer shall have 30 days to notify the Attorney General that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee.

(c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section.

(c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the Attorney General of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section.

(d) Manufacturers shall use forms approved by the Attorney General. The forms shall contain the information required under this Code section and any other information the Attorney General deems necessary for implementation of this Code section.

(d) Manufacturers shall use forms approved by the Attorney General. The forms shall contain the information required under this Code section and any other information the Attorney General deems necessary for implementation of this Code section.
O.C.G.A. § 10-1-773 — GA Code / Title 10 / Chapter 1 / Section 10-1-773
Georgia Code Title 10. Commerce and Trade § 10-1-773
Status: in_force

(a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act,” and the enforcement against any such violation shall be by public enforcement by the Attorney General and shall be enforceable through private action.

(a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act,” and the enforcement against any such violation shall be by public enforcement by the Attorney General and shall be enforceable through private action.

(b) Whenever it may appear to the Attorney General that any person is using or has used any method, act, or practice declared by this article to be unlawful and that proceedings would be in the public interest, the Attorney General may bring action in a court of competent jurisdiction. Upon a showing by the Attorney General that a person has violated this article, the court may enter or grant any or all of the relief provided for in Code Section 10-1-397 .

(b) Whenever it may appear to the Attorney General that any person is using or has used any method, act, or practice declared by this article to be unlawful and that proceedings would be in the public interest, the Attorney General may bring action in a court of competent jurisdiction. Upon a showing by the Attorney General that a person has violated this article, the court may enter or grant any or all of the relief provided for in Code Section 10-1-397 .

(c) Any person who suffers injury or damages as a result of a violation of this article may bring an action individually against the person or persons engaged in such violation under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant. Such relief may include: (1) Restitution to any person or persons adversely affected by a defendant's actions in violation of this article; (2) Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater; (3) Expenses of litigation, including reasonable attorney's fees; and (4) Other relief as the court deems just and equitable.

(c) Any person who suffers injury or damages as a result of a violation of this article may bring an action individually against the person or persons engaged in such violation under the rules of civil procedure to seek equitable injunctive relief and to recover his or her general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant. Such relief may include:

(1) Restitution to any person or persons adversely affected by a defendant's actions in violation of this article;

(1) Restitution to any person or persons adversely affected by a defendant's actions in violation of this article;

(2) Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater;

(2) Punitive damages in an amount equal to $50,000.00 or three times the combined total of damages, costs, and fees, whichever is greater;

(3) Expenses of litigation, including reasonable attorney's fees; and

(3) Expenses of litigation, including reasonable attorney's fees; and

(4) Other relief as the court deems just and equitable.

(4) Other relief as the court deems just and equitable.

(d) Except as otherwise provided, this article is cumulative with other laws and is not exclusive.

(d) Except as otherwise provided, this article is cumulative with other laws and is not exclusive.
O.C.G.A. § 10-4-192 — GA Code / Title 10 / Chapter 4 / Section 10-4-192
Georgia Code Title 10. Commerce and Trade § 10-4-192
Status: in_force

(a) Any person engaged in the business of operating a convenience warehouse shall obtain from each person renting or leasing a storage space the following information: (1) His name, age, home address, and home telephone number, if any; (2) His social security number, if any; (3) His driver's license number, if any; and (4) The name and address of his employer.

(a) Any person engaged in the business of operating a convenience warehouse shall obtain from each person renting or leasing a storage space the following information:

(1) His name, age, home address, and home telephone number, if any;

(1) His name, age, home address, and home telephone number, if any;

(2) His social security number, if any;

(2) His social security number, if any;

(3) His driver's license number, if any; and

(3) His driver's license number, if any; and

(4) The name and address of his employer.

(4) The name and address of his employer.

(b) In addition to the requirements of subsection (a) of this Code section, any person renting or leasing a storage space from a convenience warehouse shall sign a written document, under oath, that he is the owner of or has legal possession of any property which he intends to store in the storage space rented or leased by him. A copy of the signed document shall be given to the person executing it, and the original thereof shall be retained in the records of the person engaged in the business of operating the convenience warehouse.

(b) In addition to the requirements of subsection (a) of this Code section, any person renting or leasing a storage space from a convenience warehouse shall sign a written document, under oath, that he is the owner of or has legal possession of any property which he intends to store in the storage space rented or leased by him. A copy of the signed document shall be given to the person executing it, and the original thereof shall be retained in the records of the person engaged in the business of operating the convenience warehouse.

(c) The information required by subsections (a) and (b) of this Code section shall be retained by the person engaged in the business of operating the convenience warehouse for a period of at least one year following the last date on which the storage space was rented or leased to the person covered by such information.

(c) The information required by subsections (a) and (b) of this Code section shall be retained by the person engaged in the business of operating the convenience warehouse for a period of at least one year following the last date on which the storage space was rented or leased to the person covered by such information.
O.C.G.A. § 10-2-52 — GA Code / Title 10 / Chapter 2 / Section 10-2-52
Georgia Code Title 10. Commerce and Trade § 10-2-52
Status: in_force

This article shall be administered by the Commissioner of Agriculture, and he is empowered to make and promulgate rules and regulations necessary for the enforcement of this article and may regulate sales order of livestock at auction sales barns.
O.C.G.A. § 10-1-628 — GA Code / Title 10 / Chapter 1 / Section 10-1-628
Georgia Code Title 10. Commerce and Trade § 10-1-628
Status: in_force

Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees. Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed.
O.C.G.A. § 10-12-20 — GA Code / Title 10 / Chapter 12 / Section 10-12-20
Georgia Code Title 10. Commerce and Trade § 10-12-20
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .
O.C.G.A. § 10-1-38 — GA Code / Title 10 / Chapter 1 / Section 10-1-38
Georgia Code Title 10. Commerce and Trade § 10-1-38
Status: in_force

(a) Any person who shall willfully and intentionally violate this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and shall be punished as for a misdemeanor for each subsequent offense.

(a) Any person who shall willfully and intentionally violate this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and shall be punished as for a misdemeanor for each subsequent offense.

(b) A violation of Code Section 10-1-33 by the seller or holder shall bar recovery of any finance charge, delinquency, or collection charge on the contract.

(b) A violation of Code Section 10-1-33 by the seller or holder shall bar recovery of any finance charge, delinquency, or collection charge on the contract.

(c) In case of a willful violation of this article with respect to any transaction, the buyer in such transaction may recover from the person committing the violation (or may set off or counterclaim in any action by such person) a minimum of $100.00 or double the time price differential and any delinquency charge and any attorneys' fees and court costs charged and paid with respect to such transaction, but the seller may recover from the buyer an amount equal to the cash price of the goods or services in such transaction and the cost of any insurance purchased by the seller for the buyer in connection therewith.

(c) In case of a willful violation of this article with respect to any transaction, the buyer in such transaction may recover from the person committing the violation (or may set off or counterclaim in any action by such person) a minimum of $100.00 or double the time price differential and any delinquency charge and any attorneys' fees and court costs charged and paid with respect to such transaction, but the seller may recover from the buyer an amount equal to the cash price of the goods or services in such transaction and the cost of any insurance purchased by the seller for the buyer in connection therewith.

(d) Notwithstanding this Code section, any failure to comply with Code Section 10-1-33 may be corrected within ten days after the date of execution of the retail installment contract by the buyer; and, if so corrected, neither the seller nor the holder is subject to any penalty under this Code section.

(d) Notwithstanding this Code section, any failure to comply with Code Section 10-1-33 may be corrected within ten days after the date of execution of the retail installment contract by the buyer; and, if so corrected, neither the seller nor the holder is subject to any penalty under this Code section.
O.C.G.A. § 10-4-114 — GA Code / Title 10 / Chapter 4 / Section 10-4-114
Georgia Code Title 10. Commerce and Trade § 10-4-114
Status: in_force

(a) Any person, firm, or corporation purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed under this Code section shall be deemed to be a tobacco dealer. It shall be unlawful for any person, firm, or corporation to engage in the business of a tobacco dealer without first having secured a license therefor from the Commissioner of Agriculture. There shall be no charge for such license, which shall be issued on an annual basis. Employees of a licensed tobacco dealer need not be individually licensed.

(a) Any person, firm, or corporation purchasing tobacco at auction at any flue-cured leaf tobacco auction sales establishment licensed under this Code section shall be deemed to be a tobacco dealer. It shall be unlawful for any person, firm, or corporation to engage in the business of a tobacco dealer without first having secured a license therefor from the Commissioner of Agriculture. There shall be no charge for such license, which shall be issued on an annual basis. Employees of a licensed tobacco dealer need not be individually licensed.

(b) The Commissioner is authorized to provide by rule or regulation for the filing of reports and records by licensed tobacco dealers containing such information as the Commissioner shall deem necessary for the proper enforcement of this part.

(b) The Commissioner is authorized to provide by rule or regulation for the filing of reports and records by licensed tobacco dealers containing such information as the Commissioner shall deem necessary for the proper enforcement of this part.

(c) The Commissioner may refuse, suspend, or revoke any such license upon a showing of violation of this part or any rule or regulation promulgated and adopted pursuant to this part.

(c) The Commissioner may refuse, suspend, or revoke any such license upon a showing of violation of this part or any rule or regulation promulgated and adopted pursuant to this part.
O.C.G.A. § 10-1-272 — GA Code / Title 10 / Chapter 1 / Section 10-1-272
Georgia Code Title 10. Commerce and Trade § 10-1-272
Status: in_force

Any person, firm, association, or corporation violating this article or any of the rules and regulations of the state fire marshal made under this article shall be guilty of a misdemeanor.
O.C.G.A. § 10-6-39 — GA Code / Title 10 / Chapter 6 / Section 10-6-39
Georgia Code Title 10. Commerce and Trade § 10-6-39
Status: in_force

Except as otherwise expressly provided, the principal shall not be liable to one agent for injuries arising from the negligence or misconduct of other agents about the same business.
O.C.G.A. § 10-1-424 — GA Code / Title 10 / Chapter 1 / Section 10-1-424
Georgia Code Title 10. Commerce and Trade § 10-1-424
Status: in_force

It shall be unlawful:

(1) For any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words “manufacturer,” “wholesaler,” “retailer,” or words of similar import; or

(1) For any person, firm, association, or corporation to misrepresent the true nature of its business by use of the words “manufacturer,” “wholesaler,” “retailer,” or words of similar import; or

(2) For any person, firm, association, or corporation to represent itself as selling at wholesale or use the word “wholesale” in any form of sale or advertising,

(2) For any person, firm, association, or corporation to represent itself as selling at wholesale or use the word “wholesale” in any form of sale or advertising,

unless such person, firm, association, or corporation is actually selling at wholesale those items advertised for the purpose of resale. For the purpose of this Code section the term “wholesale” means a sale made for the purpose of resale and not one made to the consuming purchaser.
O.C.G.A. § 10-1-207 — GA Code / Title 10 / Chapter 1 / Section 10-1-207
Georgia Code Title 10. Commerce and Trade § 10-1-207
Status: in_force

When any manufacturer, packer, or distributor applies to the Commissioner of Agriculture for a license or permit to sell antifreeze in this state, the Commissioner may require the manufacturer, packer, or distributor to furnish to the state oil chemist a statement of the formula or contents of the antifreeze, which statements shall conform to rules and regulations established by the Commissioner, provided that the statement of the formula or contents need not include the inhibitor ingredients if such inhibitor ingredients total less than 5 percent by weight of the antifreeze and if in lieu thereof the manufacturer, packer, or distributor furnishes to the state oil chemist satisfactory evidence, other than by disclosure of the inhibitor ingredients, that the antifreeze is not adulterated as defined in Code Section 10-1-201 . All statements of contents, formula, or trade secrets furnished under this Code section shall be privileged and confidential and shall not be subject to subpoena nor shall the same be exhibited or disclosed before any administrative or judicial tribunal by virtue of any order or subpoena of such tribunal unless with the consent of the person, firm, association, or corporation owning or furnishing to the state oil chemist such statement of contents.
O.C.G.A. § 10-4-214 — GA Code / Title 10 / Chapter 4 / Section 10-4-214
Georgia Code Title 10. Commerce and Trade § 10-4-214
Status: in_force

If the rental agreement is with a service member, the owner shall comply with all terms of the Servicemembers Civil Relief Act, 50 U.S.C. Section 3901 et seq. Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his or her debtor.
O.C.G.A. § 10-1-529-5 — GA Code / Title 10 / Chapter 1 / Section 10-1-529-5
Georgia Code Title 10. Commerce and Trade § 10-1-529.5
Status: in_force

(a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property of the museum or archives repository if no person has claimed the property within seven years after the museum or archives repository or a predecessor or assignor of such museum or archives repository took possession of the property. The museum or archives repository becomes the owner of the property on the day after the seven-year period ends and after following the notification process outlined in subsection (b) of this Code section free from all claims.

(a) Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property of the museum or archives repository if no person has claimed the property within seven years after the museum or archives repository or a predecessor or assignor of such museum or archives repository took possession of the property. The museum or archives repository becomes the owner of the property on the day after the seven-year period ends and after following the notification process outlined in subsection (b) of this Code section free from all claims.

(b) The museum or archives repository that wishes to acquire title to undocumented property described in subsection (a) of this Code section shall provide public notice in the manner described in Code Section 10-1-529.4 .

(b) The museum or archives repository that wishes to acquire title to undocumented property described in subsection (a) of this Code section shall provide public notice in the manner described in Code Section 10-1-529.4 .

(c) On or after July 1, 2006, property that: (1) Is found in or on property controlled by the museum; (2) Is from an unknown source; and (3) Might reasonably be assumed to have been intended as a gift to the museum is conclusively presumed to be a gift to the museum if ownership of the property is not claimed by a person within 90 days of its discovery.

(c) On or after July 1, 2006, property that:

(1) Is found in or on property controlled by the museum;

(1) Is found in or on property controlled by the museum;

(2) Is from an unknown source; and

(2) Is from an unknown source; and

(3) Might reasonably be assumed to have been intended as a gift to the museum

(3) Might reasonably be assumed to have been intended as a gift to the museum

is conclusively presumed to be a gift to the museum if ownership of the property is not claimed by a person within 90 days of its discovery.
O.C.G.A. § 10-4-146 — GA Code / Title 10 / Chapter 4 / Section 10-4-146
Georgia Code Title 10. Commerce and Trade § 10-4-146
Status: in_force

Each licensee shall render to each producer submitting carry-over tobacco for storage until the next selling season at the time of receipt of the tobacco a statement of the amount of tobacco tendered and the amount to be charged for servicing that tobacco other than actual cost of redrying as leaves or strips and shipping charges.
O.C.G.A. § 10-5b-7 — GA Code / Title 10 / Chapter 5B / Section 10-5b-7
Georgia Code Title 10. Commerce and Trade § 10-5B-7
Status: in_force

(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.

(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 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 provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the “Georgia Charitable Solicitations Act of 1988.”

(b) Nothing in this chapter shall amend, alter, or repeal any of 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 provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the “Georgia Charitable Solicitations Act of 1988.”
O.C.G.A. § 10-1-679-3 — GA Code / Title 10 / Chapter 1 / Section 10-1-679-3
Georgia Code Title 10. Commerce and Trade § 10-1-679.3
Status: in_force

Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
O.C.G.A. § 10-6-121 — GA Code / Title 10 / Chapter 6 / Section 10-6-121
Georgia Code Title 10. Commerce and Trade § 10-6-121
Status: in_force

Contracts between employers and overseers may be by parol, though they may extend beyond a year from the time of the contract.
O.C.G.A. § 10-1-227 — GA Code / Title 10 / Chapter 1 / Section 10-1-227
Georgia Code Title 10. Commerce and Trade § 10-1-227
Status: in_force

<Section effective January 1, 2025.>

Any electric vehicle charging station inspector who, while in office, shall be interested directly or indirectly in the manufacture or vending of any electric vehicle charging station shall be guilty of a misdemeanor and shall be disqualified from providing services as an electric vehicle charging station inspector until such interest no longer exists.
O.C.G.A. § 10-4-6 — GA Code / Title 10 / Chapter 4 / Section 10-4-6
Georgia Code Title 10. Commerce and Trade § 10-4-6
Status: in_force

(a) Prior to the adoption or change of any rule or regulation, the Commissioner shall promulgate the proposed rule or regulation or change and afford interested persons opportunity to be heard and submit data and views orally or in writing.

(a) Prior to the adoption or change of any rule or regulation, the Commissioner shall promulgate the proposed rule or regulation or change and afford interested persons opportunity to be heard and submit data and views orally or in writing.

(b) Any person with a real and substantial interest who is affected by a rule or regulation of the Commissioner and who believes that the Commissioner, in the promulgation or enforcement of such rule or regulation, has exceeded authority vested in him by the General Assembly under the Constitution of Georgia or of the United States shall have the right to petition the Commissioner of Agriculture for the repeal or revision of such rule by pointing out in what respect and for what reasons he contends the rule to be unlawful or unconstitutional. The Commissioner is required to consider every such petition and afford the petitioner an opportunity to be heard within 30 days and, after argument, the Commissioner shall determine the merits of the petition. If the Commissioner decides in whole or in part in favor of the petitioner, the Commissioner shall take corrective measures within 30 days after the hearing to give the petitioner relief in every respect from any unlawful or unconstitutional rule or regulation. The foregoing is expressly made an administrative remedy; and every person affected by any rule or regulation or any act of the Commissioner is required to exhaust this remedy before taking any other steps, except as otherwise provided in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(b) Any person with a real and substantial interest who is affected by a rule or regulation of the Commissioner and who believes that the Commissioner, in the promulgation or enforcement of such rule or regulation, has exceeded authority vested in him by the General Assembly under the Constitution of Georgia or of the United States shall have the right to petition the Commissioner of Agriculture for the repeal or revision of such rule by pointing out in what respect and for what reasons he contends the rule to be unlawful or unconstitutional. The Commissioner is required to consider every such petition and afford the petitioner an opportunity to be heard within 30 days and, after argument, the Commissioner shall determine the merits of the petition. If the Commissioner decides in whole or in part in favor of the petitioner, the Commissioner shall take corrective measures within 30 days after the hearing to give the petitioner relief in every respect from any unlawful or unconstitutional rule or regulation. The foregoing is expressly made an administrative remedy; and every person affected by any rule or regulation or any act of the Commissioner is required to exhaust this remedy before taking any other steps, except as otherwise provided in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(c) All hearings before the Commissioner shall be stenographically reported by a qualified court reporter and shall be available to any interested party upon payment of the stenographic costs.

(c) All hearings before the Commissioner shall be stenographically reported by a qualified court reporter and shall be available to any interested party upon payment of the stenographic costs.
O.C.G.A. § 10-1-472 — GA Code / Title 10 / Chapter 1 / Section 10-1-472
Georgia Code Title 10. Commerce and Trade § 10-1-472
Status: in_force

Any person who shall wear a badge, button, or other emblem or shall use the name or claim to be a member of any benevolent, fraternal, social, humane, or charitable organization which is entitled to the exclusive use of such name and emblems under Code Section 10-1-470 , either in the identical form or in such near resemblance thereto as to be a colorable imitation of such emblem or name, unless entitled to do so under the laws, rules, and regulations of such organization, shall be guilty of a misdemeanor.
O.C.G.A. § 10-1-22 — GA Code / Title 10 / Chapter 1 / Section 10-1-22
Georgia Code Title 10. Commerce and Trade § 10-1-22
Status: in_force

(a) The seller shall furnish the buyer with a fully completed receipt of the purchase price or copy of the contract pertaining to any door-to-door sale at the time of its execution. Such receipt or contract shall: (1) Be in each language used in the oral sale presentation and the in-person interaction between seller and buyer; (2) Show the date of the transaction and contain the name and address of the seller; (3) Be in at least ten-point boldface type; (4) Have adjacent to the contract's signature lines, or on the front page of the receipt if a contract is not used, the following statement: “You, the buyer, may cancel this transaction at any time prior to midnight of the thirtieth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”; and (5) Provide the buyer with a duplicate notice of cancellation as outlined in Code Section 10-1-23 .

(a) The seller shall furnish the buyer with a fully completed receipt of the purchase price or copy of the contract pertaining to any door-to-door sale at the time of its execution. Such receipt or contract shall:

(1) Be in each language used in the oral sale presentation and the in-person interaction between seller and buyer;

(1) Be in each language used in the oral sale presentation and the in-person interaction between seller and buyer;

(2) Show the date of the transaction and contain the name and address of the seller;

(2) Show the date of the transaction and contain the name and address of the seller;

(3) Be in at least ten-point boldface type;

(3) Be in at least ten-point boldface type;

(4) Have adjacent to the contract's signature lines, or on the front page of the receipt if a contract is not used, the following statement: “You, the buyer, may cancel this transaction at any time prior to midnight of the thirtieth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”; and

(4) Have adjacent to the contract's signature lines, or on the front page of the receipt if a contract is not used, the following statement:

“You, the buyer, may cancel this transaction at any time prior to midnight of the thirtieth business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.”; and

(5) Provide the buyer with a duplicate notice of cancellation as outlined in Code Section 10-1-23 .

(5) Provide the buyer with a duplicate notice of cancellation as outlined in Code Section 10-1-23 .

(b) In the event of cancellation, the buyer must be able to retain a complete copy of the receipt or contract.

(b) In the event of cancellation, the buyer must be able to retain a complete copy of the receipt or contract.
O.C.G.A. § 10-6b-7 — GA Code / Title 10 / Chapter 6B / Section 10-6b-7
Georgia Code Title 10. Commerce and Trade § 10-6B-7
Status: in_force

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.
O.C.G.A. § 10-9-24 — GA Code / Title 10 / Chapter 9 / Section 10-9-24
Georgia Code Title 10. Commerce and Trade § 10-9-24
Status: in_force

(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 other necessary expenses incurred by the committee in performing its duties.

(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 other necessary expenses incurred by the committee in performing its duties.

(b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

(b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

(c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.

(c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.
O.C.G.A. § 10-1-523 — GA Code / Title 10 / Chapter 1 / Section 10-1-523
Georgia Code Title 10. Commerce and Trade § 10-1-523
Status: in_force

(a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing: (1) The value of the work of art; (2) The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and (3) The minimum price for the sale of the work of art.

(a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing:

(1) The value of the work of art;

(1) The value of the work of art;

(2) The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and

(2) The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and

(3) The minimum price for the sale of the work of art.

(3) The minimum price for the sale of the work of art.

(b) If an art dealer violates this Code section, a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred other than a holder in due course.

(b) If an art dealer violates this Code section, a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred other than a holder in due course.
O.C.G.A. § 10-1-270 — GA Code / Title 10 / Chapter 1 / Section 10-1-270
Georgia Code Title 10. Commerce and Trade § 10-1-270
Status: in_force

No municipality or other political subdivision of this state shall adopt or enforce any ordinance, rule, or regulation in conflict with this article or with the rules and regulations adopted and promulgated by the state fire marshal under the terms and authority of this article.
O.C.G.A. § 10-4-74 — GA Code / Title 10 / Chapter 4 / Section 10-4-74
Georgia Code Title 10. Commerce and Trade § 10-4-74
Status: in_force

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 given, it being the declared purpose of this article to operate at cost, without profit to the state.
O.C.G.A. § 10-6-88 — GA Code / Title 10 / Chapter 6 / Section 10-6-88
Georgia Code Title 10. Commerce and Trade § 10-6-88
Status: in_force

Public agents contracting in behalf of the public shall not be individually liable on such contracts.
O.C.G.A. § 10-1-121 — GA Code / Title 10 / Chapter 1 / Section 10-1-121
Georgia Code Title 10. Commerce and Trade § 10-1-121
Status: in_force

The director of the Georgia Drugs and Narcotics Agency is charged with the proper enforcement of this article and is empowered to formulate and promulgate such rules and regulations as may be necessary in carrying out the purposes of this article.
O.C.G.A. § 10-9-52 — GA Code / Title 10 / Chapter 9 / Section 10-9-52
Georgia Code Title 10. Commerce and Trade § 10-9-52
Status: in_force

Any holder of revenue bonds or interest coupons thereon issued under this article, any receiver for such holders, or any indenture trustee, if there is any, except to the extent the rights given in this article may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this article or under such resolution or trust indenture and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or any officer thereof. In the event of default upon the principal and interest or other obligations of any revenue bond issue, any such holder, receiver, or indenture trustee shall be subrogated to each and every right of collecting rentals, revenues, earnings, or funds by the authority which the authority may possess under contracts designated as security therefor, and, in the pursuit of its remedies as subrogee, may proceed either at law or in equity by action, mandamus, or other proceedings to collect any sums by such proceeding due and owing to the authority and pledged or partially pledged to the benefit of the revenue bond issue. No individual, receiver, or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such revenue bond or the interest thereon or otherwise to enforce the payment thereof against the state or the authority or any property of the state or authority, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state or authority except the rents, revenues, earnings, and funds designated as security for the revenue bonds. In addition to the foregoing, the resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders subject to the limitations otherwise stated in this article. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of the project affected by the indenture.
O.C.G.A. § 10-4-142 — GA Code / Title 10 / Chapter 4 / Section 10-4-142
Georgia Code Title 10. Commerce and Trade § 10-4-142
Status: in_force

No person, real or corporate, shall operate a service for receiving within this state flue-cured leaf tobacco for the purpose of weighing, redrying, and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. Each license so issued shall automatically expire at the termination of the storage period and be subject to renewal annually under such rules and regulations as the Commissioner shall prescribe. The license fee shall be $40.00 for each year. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 . Licensed operators of flue-cured leaf tobacco auction warehouses may be licensed without cost under this part upon application to the Commissioner. This part shall not require licensing of any federal agency, its agents, or contractors who receive carry-over tobacco.
O.C.G.A. § 10-4-7 — GA Code / Title 10 / Chapter 4 / Section 10-4-7
Georgia Code Title 10. Commerce and Trade § 10-4-7
Status: in_force

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.
O.C.G.A. § 10-1-870 — GA Code / Title 10 / Chapter 1 / Section 10-1-870
Georgia Code Title 10. Commerce and Trade § 10-1-870
Status: in_force

This article shall be known and may be cited as the “Assistive Technology Warranty Act.”
O.C.G.A. § 10-1-874 — GA Code / Title 10 / Chapter 1 / Section 10-1-874
Georgia Code Title 10. Commerce and Trade § 10-1-874
Status: in_force

A manufacturer or assistive technology device dealer who recommends and sells an assistive technology device to a consumer shall accept a return of the assistive technology device within 30 days after the purchase if the assistive technology device does not meet the needs of the person with the disability. The manufacturer or assistive technology dealer shall provide a refund in conformity with the provisions established within paragraph (2) of subsection (b) of Code Section 10-1-873 .
O.C.G.A. § 10-1-12 — GA Code / Title 10 / Chapter 1 / Section 10-1-12
Georgia Code Title 10. Commerce and Trade § 10-1-12
Status: in_force

This article shall not make unlawful contracts or accounts in effect prior to October 1, 1967.
O.C.G.A. § 10-1-525 — GA Code / Title 10 / Chapter 1 / Section 10-1-525
Georgia Code Title 10. Commerce and Trade § 10-1-525
Status: in_force

(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.

(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.

(b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever of the consignee's creditors, anything in Code Section 11-2-326 or any other provision of Title 11 to the contrary notwithstanding.

(b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever of the consignee's creditors, anything in Code Section 11-2-326 or any other provision of Title 11 to the contrary notwithstanding.
O.C.G.A. § 10-1-358-1 — GA Code / Title 10 / Chapter 1 / Section 10-1-358-1
Georgia Code Title 10. Commerce and Trade § 10-1-358.1
Status: in_force

The provisions of this article shall not apply to a vehicle purchased in compliance with Code Section 40-3-36 by a used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant to Chapter 47 of Title 43.
O.C.G.A. § 10-2-14 — GA Code / Title 10 / Chapter 2 / Section 10-2-14
Georgia Code Title 10. Commerce and Trade § 10-2-14
Status: in_force

It shall be unlawful for any person to:

(1) Use or possess any incorrect weight or measure for use in commerce;

(1) Use or possess any incorrect weight or measure for use in commerce;

(2) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the Commissioner;

(2) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the Commissioner;

(3) Hinder or obstruct the Commissioner or any deputy or other official designated by the Commissioner and charged with the enforcement of the laws of this state dealing with weights and measures in the performance of his duties.

(3) Hinder or obstruct the Commissioner or any deputy or other official designated by the Commissioner and charged with the enforcement of the laws of this state dealing with weights and measures in the performance of his duties.
O.C.G.A. § 10-6-27 — GA Code / Title 10 / Chapter 6 / Section 10-6-27
Georgia Code Title 10. Commerce and Trade § 10-6-27
Status: in_force

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.
O.C.G.A. § 10-1-359-2 — GA Code / Title 10 / Chapter 1 / Section 10-1-359-2
Georgia Code Title 10. Commerce and Trade § 10-1-359.2
Status: in_force

(a) Except as provided for in subsection (e) of Code Section 10-1-359.1 , any person who buys or sells regulated metal property in violation of any provision of this article: (1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and (3) For a third or subsequent offense or when such regulated metal property is unlawfully obtained and results in property damage exceeding $1,500.00, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Each unlawfully possessed or obtained used, detached catalytic converter, as such term is defined in subsection (d) of Code Section 10-1-351 , shall be considered a separate offense under this Code section.

(a) Except as provided for in subsection (e) of Code Section 10-1-359.1 , any person who buys or sells regulated metal property in violation of any provision of this article:

(1) For a first offense, shall be guilty of a misdemeanor;

(1) For a first offense, shall be guilty of a misdemeanor;

(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and

(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and

(3) For a third or subsequent offense or when such regulated metal property is unlawfully obtained and results in property damage exceeding $1,500.00, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.

(3) For a third or subsequent offense or when such regulated metal property is unlawfully obtained and results in property damage exceeding $1,500.00, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.

Each unlawfully possessed or obtained used, detached catalytic converter, as such term is defined in subsection (d) of Code Section 10-1-351 , shall be considered a separate offense under this Code section.

(b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees.

(b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees.
O.C.G.A. § 10-1-169 — GA Code / Title 10 / Chapter 1 / Section 10-1-169
Georgia Code Title 10. Commerce and Trade § 10-1-169
Status: in_force

Any person or association of persons, firm, or corporation who shall violate any of the provisions of this part relating to inspection, labeling, sale, etc., of gasoline, kerosene, and other petroleum products or any rule or regulation promulgated by the Commissioner of Agriculture for the enforcement of this part shall be guilty of a misdemeanor.
O.C.G.A. § 10-1-679-9 — GA Code / Title 10 / Chapter 1 / Section 10-1-679-9
Georgia Code Title 10. Commerce and Trade § 10-1-679.9
Status: in_force

(a) It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer.

(a) It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer.

(b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the grantor has provided to the family member so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor.

(b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the grantor has provided to the family member so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor.

(c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary and required licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances, but the grantor shall bear the burden of proving the unreasonableness of such succession. No family member of the deceased, incapacitated, or retired dealer may succeed to a recreational vehicle dealership unless the succession to the recreational vehicle dealership will not involve, without the grantor's consent, a relocation of the business.

(c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary and required licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances, but the grantor shall bear the burden of proving the unreasonableness of such succession. No family member of the deceased, incapacitated, or retired dealer may succeed to a recreational vehicle dealership unless the succession to the recreational vehicle dealership will not involve, without the grantor's consent, a relocation of the business.
O.C.G.A. § 10-2-50 — GA Code / Title 10 / Chapter 2 / Section 10-2-50
Georgia Code Title 10. Commerce and Trade § 10-2-50
Status: in_force

(a) On and after March 9, 1956, all leaf tobacco sold, or offered for sale, in a tobacco warehouse shall be weighed by a certified public weigher who has been licensed by the Commissioner.

(a) On and after March 9, 1956, all leaf tobacco sold, or offered for sale, in a tobacco warehouse shall be weighed by a certified public weigher who has been licensed by the Commissioner.

(b) Livestock of any kind sold or offered for sale at any sales or auction barn shall be weighed by a certified public weigher who has been licensed by the Commissioner.

(b) Livestock of any kind sold or offered for sale at any sales or auction barn shall be weighed by a certified public weigher who has been licensed by the Commissioner.
O.C.G.A. § 10-7-46 — GA Code / Title 10 / Chapter 7 / Section 10-7-46
Georgia Code Title 10. Commerce and Trade § 10-7-46
Status: in_force

If judgment has been rendered without such proof of suretyship, the surety shall give at least ten days' notice to his principal of his intention to apply at the next term of the court where the judgment was entered to make such proof and to have the fact of his suretyship entered of record, together with an order for the control of such judgment and execution thereon against the principal, on payment of the same by him.
O.C.G.A. § 10-9-21 — GA Code / Title 10 / Chapter 9 / Section 10-9-21
Georgia Code Title 10. Commerce and Trade § 10-9-21
Status: in_force

The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this article. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.
O.C.G.A. § 10-1-529-1 — GA Code / Title 10 / Chapter 1 / Section 10-1-529-1
Georgia Code Title 10. Commerce and Trade § 10-1-529.1
Status: in_force

This article shall be known and may be cited as the “Georgia Museum Property Act.”
O.C.G.A. § 10-4-29 — GA Code / Title 10 / Chapter 4 / Section 10-4-29
Georgia Code Title 10. Commerce and Trade § 10-4-29
Status: in_force

At such time as the Commissioner or supervisor deems there has been a violation of the law and the rules and regulations, he shall have the power and authority, in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” to suspend the license of the warehouseman pending the investigation of the violation or until at such time the violation has been corrected to the satisfaction of the Commissioner or supervisor, and during the period of time of any investigation of a violation the Commissioner or supervisor shall have the power and authority to impound all books and records and withhold all commodities from moving until the investigation is completed.
O.C.G.A. § 10-1-5 — GA Code / Title 10 / Chapter 1 / Section 10-1-5
Georgia Code Title 10. Commerce and Trade § 10-1-5
Status: in_force

Retail installment contracts negotiated and entered into by mail or telephone without personal solicitation by salesmen or other representatives of the seller, where a catalogue of the seller or other printed solicitation of business which is distributed and made available generally to the public clearly sets forth the cash price and other terms of sales to be made through such medium, may be made as provided in this Code section. All of the provisions of this article relating to contracts shall apply to such sales, except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in subsection (e) of Code Section 10-1-3 ; and, if the contract when received by the seller contains any blank spaces, the seller may insert in the appropriate blank space the amounts of money and other terms which are set forth in the seller's catalogue or other printed solicitation which is then in effect. In lieu of presenting the buyer with a copy of the contract as provided in subsection (e) of Code Section 10-1-3 , the seller shall furnish to the buyer a written statement of any items inserted in the blank spaces in the contract received from the buyer.
O.C.G.A. § 10-1-491 — GA Code / Title 10 / Chapter 1 / Section 10-1-491
Georgia Code Title 10. Commerce and Trade § 10-1-491
Status: in_force

The effect of this part shall be that no contract or undertaking entered into by any person, firm, or corporation, whether heretofore or hereafter entered into, shall be invalidated or declared illegal on the ground that the same was entered into in a trade or partnership name not filed or registered in accordance with the laws in force at the time such contract or undertaking was entered into; but all such contracts and undertakings are expressly validated as against any such objection; and no action heretofore or hereafter instituted by any such person, firm, partnership, or corporation, whether sounding in contract or tort, shall be defeated because of any such failure to register. But the party who has failed to register his trade or partnership name at the time action is filed, as required by this part, shall be cast with court costs.
O.C.G.A. § 10-5a-21 — GA Code / Title 10 / Chapter 5A / Section 10-5a-21
Georgia Code Title 10. Commerce and Trade § 10-5A-21
Status: in_force

(a) If the Commissioner believes, whether or not based upon an investigation conducted under Code Section 10-5A-20 , that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order issued under this chapter, the Commissioner may: (1) Issue a cease and desist order; (2) Issue an order imposing a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; or (3) Initiate any of the actions specified in subsection (b) of this Code section.

(a) If the Commissioner believes, whether or not based upon an investigation conducted under Code Section 10-5A-20 , that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order issued under this chapter, the Commissioner may:

(1) Issue a cease and desist order;

(1) Issue a cease and desist order;

(2) Issue an order imposing a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; or

(2) Issue an order imposing a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; or

(3) Initiate any of the actions specified in subsection (b) of this Code section.

(3) Initiate any of the actions specified in subsection (b) of this Code section.

(b) The Commissioner may institute any of the following actions in the appropriate courts of this state or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available: (1) A declaratory judgment; (2) An action for a prohibitory or mandatory injunction to enjoin the violation of and to ensure compliance with this chapter or any rule or order of the Commissioner; (3) An action for disgorgement; or (4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.

(b) The Commissioner may institute any of the following actions in the appropriate courts of this state or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:

(1) A declaratory judgment;

(1) A declaratory judgment;

(2) An action for a prohibitory or mandatory injunction to enjoin the violation of and to ensure compliance with this chapter or any rule or order of the Commissioner;

(2) An action for a prohibitory or mandatory injunction to enjoin the violation of and to ensure compliance with this chapter or any rule or order of the Commissioner;

(3) An action for disgorgement; or

(3) An action for disgorgement; or

(4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.

(4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.
O.C.G.A. § 10-1-393-1 — GA Code / Title 10 / Chapter 1 / Section 10-1-393-1
Georgia Code Title 10. Commerce and Trade § 10-1-393.1
Status: in_force

(a) Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared unlawful.

(a) Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared unlawful.

(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices by office suppliers in the conduct of office supply transactions are declared unlawful: (1) Passing off goods or services as those of another; (2) Falsely representing to any person that the office supplier is the usual supplier of goods, services, or property purchased by that person; (3) Falsely representing to any person that the goods, services, or property sold, leased, rented, or shipped by the office supplier are the same brand as that person usually uses; (4) Misrepresenting in any manner, including the use of a confusingly similar name, the manufacturer, supplier, or seller of the goods, services, or property; (5) Representing that the prices an office supplier charges are less than a person usually pays for goods, services, or property, unless the goods, services, or property compared are identical and the representation is true; (6) Shipping or supplying an amount or quantity of goods, services, or property to a person which is substantially greater than the amount or quantity which the person actually orders; (7) Misrepresenting in any manner, including but not limited to failure to disclose material facts regarding the value of, any gift, prize, or award which will be given by an office supplier in conjunction with any office supply transaction; (8) Falsely representing that there is an imminent price increase; (9) Substituting any brand or quality of goods, services, or property for that actually ordered without prior approval of such substitution from the person ordering; or (10)(A) Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words: “THIS IS NOT A BILL. THIS IS A SOLICITATION.” (B) For the purposes of this paragraph, the term “telephone classified advertising directory” refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.

(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices by office suppliers in the conduct of office supply transactions are declared unlawful:

(1) Passing off goods or services as those of another;

(1) Passing off goods or services as those of another;

(2) Falsely representing to any person that the office supplier is the usual supplier of goods, services, or property purchased by that person;

(2) Falsely representing to any person that the office supplier is the usual supplier of goods, services, or property purchased by that person;

(3) Falsely representing to any person that the goods, services, or property sold, leased, rented, or shipped by the office supplier are the same brand as that person usually uses;

(3) Falsely representing to any person that the goods, services, or property sold, leased, rented, or shipped by the office supplier are the same brand as that person usually uses;

(4) Misrepresenting in any manner, including the use of a confusingly similar name, the manufacturer, supplier, or seller of the goods, services, or property;

(4) Misrepresenting in any manner, including the use of a confusingly similar name, the manufacturer, supplier, or seller of the goods, services, or property;

(5) Representing that the prices an office supplier charges are less than a person usually pays for goods, services, or property, unless the goods, services, or property compared are identical and the representation is true;

(5) Representing that the prices an office supplier charges are less than a person usually pays for goods, services, or property, unless the goods, services, or property compared are identical and the representation is true;

(6) Shipping or supplying an amount or quantity of goods, services, or property to a person which is substantially greater than the amount or quantity which the person actually orders;

(6) Shipping or supplying an amount or quantity of goods, services, or property to a person which is substantially greater than the amount or quantity which the person actually orders;

(7) Misrepresenting in any manner, including but not limited to failure to disclose material facts regarding the value of, any gift, prize, or award which will be given by an office supplier in conjunction with any office supply transaction;

(7) Misrepresenting in any manner, including but not limited to failure to disclose material facts regarding the value of, any gift, prize, or award which will be given by an office supplier in conjunction with any office supply transaction;

(8) Falsely representing that there is an imminent price increase;

(8) Falsely representing that there is an imminent price increase;

(9) Substituting any brand or quality of goods, services, or property for that actually ordered without prior approval of such substitution from the person ordering; or

(9) Substituting any brand or quality of goods, services, or property for that actually ordered without prior approval of such substitution from the person ordering; or

(10)(A) Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words: “THIS IS NOT A BILL. THIS IS A SOLICITATION.” (B) For the purposes of this paragraph, the term “telephone classified advertising directory” refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.

(10)(A) Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words: “THIS IS NOT A BILL. THIS IS A SOLICITATION.”

(10)(A) Solicitation for inclusion in the listing of a telephone classified advertising directory unless such solicitation form has prominently printed therein at least one inch apart from any other text on the form and in type size and boldness equal to or greater than any other type size and boldness on the form the words:

“THIS IS NOT A BILL. THIS IS A SOLICITATION.”

(B) For the purposes of this paragraph, the term “telephone classified advertising directory” refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.

(B) For the purposes of this paragraph, the term “telephone classified advertising directory” refers to any telephone classified advertising directory which is distributed to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.

(c) An office supplier may not by contract, agreement, or otherwise limit the operation of this part, notwithstanding any other provision of law.

(c) An office supplier may not by contract, agreement, or otherwise limit the operation of this part, notwithstanding any other provision of law.
O.C.G.A. § 10-2-48 — GA Code / Title 10 / Chapter 2 / Section 10-2-48
Georgia Code Title 10. Commerce and Trade § 10-2-48
Status: in_force

It shall be the duty of bonded certified public weighers licensed under this article to issue certificates of weight, measure, count, or recording on forms to be approved by the Commissioner and to comply with this article and the rules and regulations promulgated relating thereto.
O.C.G.A. § 10-14-22 — GA Code / Title 10 / Chapter 14 / Section 10-14-22
Georgia Code Title 10. Commerce and Trade § 10-14-22
Status: in_force

(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 State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating: (A) The order from which the appeal is taken; (B) The ground upon which a reversal or modification of such order is sought; and (C) A demand for a certified transcript of the record of such order. (2) The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided in this Code section.

(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 State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating: (A) The order from which the appeal is taken; (B) The ground upon which a reversal or modification of such order is sought; and (C) A demand for a certified transcript of the record of such order.

(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 State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:

(A) The order from which the appeal is taken;

(A) The order from which the appeal is taken;

(B) The ground upon which a reversal or modification of such order is sought; and

(B) The ground upon which a reversal or modification of such order is sought; and

(C) A demand for a certified transcript of the record of such order.

(C) A demand for a certified transcript of the record of such order.

(2) The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided in this Code section.

(2) The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided in this Code section.

(b) Upon receipt of such petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the clerk of the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the petitioner shall pay the reasonable costs of such transcript. Said petition for review and transcript of the record shall constitute petitioner's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.

(b) Upon receipt of such petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the clerk of the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the petitioner shall pay the reasonable costs of such transcript. Said petition for review and transcript of the record shall constitute petitioner's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.

(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.

(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.
O.C.G.A. § 10-1-359 — GA Code / Title 10 / Chapter 1 / Section 10-1-359
Georgia Code Title 10. Commerce and Trade § 10-1-359
Status: in_force

It shall be unlawful for:

(1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 7:00 P.M. and 7:00 A.M.; and

(1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 7:00 P.M. and 7:00 A.M.; and

(2) Any person to give a false or altered personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction.

(2) Any person to give a false or altered personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction.
O.C.G.A. § 10-1-26 — GA Code / Title 10 / Chapter 1 / Section 10-1-26
Georgia Code Title 10. Commerce and Trade § 10-1-26
Status: in_force

The rights of buyers in a door-to-door sale shall be not limited to those provided for in this article. Buyers in a door-to-door sale shall also have all applicable rights and remedies afforded under any other state or federal laws.
O.C.G.A. § 10-1-851 — GA Code / Title 10 / Chapter 1 / Section 10-1-851
Georgia Code Title 10. Commerce and Trade § 10-1-851
Status: in_force

When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation.
O.C.G.A. § 10-5-56 — GA Code / Title 10 / Chapter 5 / Section 10-5-56
Georgia Code Title 10. Commerce and Trade § 10-5-56
Status: in_force

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 to a statement that is contained in a record required by the Commissioner, or a designee of the Commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity.
O.C.G.A. § 10-12-7 — GA Code / Title 10 / Chapter 12 / Section 10-12-7
Georgia Code Title 10. Commerce and Trade § 10-12-7
Status: in_force

(a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.

(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.

(b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record shall satisfy the law.

(c) If a law requires a record to be in writing, an electronic record shall satisfy the law.

(d) If a law requires a signature, an electronic signature shall satisfy the law.

(d) If a law requires a signature, an electronic signature shall satisfy the law.
O.C.G.A. § 10-6-80 — GA Code / Title 10 / Chapter 6 / Section 10-6-80
Georgia Code Title 10. Commerce and Trade § 10-6-80
Status: in_force

Any act authorized or required to be done under this Code by any person in the prosecution of his legal remedies may be done by his agent; and for this purpose he is authorized to make an affidavit and execute any bond required, though his agency shall be created by parol. In all such cases, if the principal shall repudiate the act of the agent, the agent, together with his sureties, shall be personally bound.
O.C.G.A. § 10-10-10 — GA Code / Title 10 / Chapter 10 / Section 10-10-10
Georgia Code Title 10. Commerce and Trade § 10-10-10
Status: in_force

Pursuant to the authority granted in Article III, Section IX, Paragraph VI(g) of the Constitution , there is hereby created the Invest Georgia Fund as a distinct component of the Seed-Capital Fund. The General Assembly declares that its purpose in creating the Invest Georgia Fund and enacting this legislation is to increase the amount of private investment capital available in this state for Georgia based business enterprises in the seed, early, or growth stages of business development and which require funding, as well as for established Georgia based business enterprises developing new methods or technologies, including the promotion of research and development purposes, thereby increasing employment, creating additional wealth, and otherwise benefitting the economic welfare of the people of this state. Accordingly, it is the intention of the General Assembly that the Invest Georgia Fund make investments in support of Georgia based business enterprises in accordance with the investment policy authorized and required under this article and focus its investment policy principally on venture capital funds and private equity organizations that invest in Georgia based business enterprises.
O.C.G.A. § 10-1-737 — GA Code / Title 10 / Chapter 1 / Section 10-1-737
Georgia Code Title 10. Commerce and Trade § 10-1-737
Status: in_force

The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any agreement inconsistent with this article. No supplier shall require any multiline dealer to waive compliance with any provision of this article. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or variance. Nothing in this article shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.
O.C.G.A. § 10-9-16 — GA Code / Title 10 / Chapter 9 / Section 10-9-16
Georgia Code Title 10. Commerce and Trade § 10-9-16
Status: in_force

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.
O.C.G.A. § 10-6b-23 — GA Code / Title 10 / Chapter 6B / Section 10-6b-23
Georgia Code Title 10. Commerce and Trade § 10-6B-23
Status: in_force

The remedies under this chapter shall not be exclusive and shall not abrogate any right or remedy under the laws of this state other than this chapter.
O.C.G.A. § 10-1-441 — GA Code / Title 10 / Chapter 1 / Section 10-1-441
Georgia Code Title 10. Commerce and Trade § 10-1-441
Status: in_force

A trademark or service mark shall be entitled to registration unless it:

(1) Consists of or comprises immoral, deceptive, or scandalous matter; or

(1) Consists of or comprises immoral, deceptive, or scandalous matter; or

(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute; or

(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute; or

(3) Consists of or comprises the flag or coat of arms or other insignia of the United States or of any state, county, or municipality or of any foreign nation or any simulation thereof, except that a county, municipality, or board of education shall be entitled to have registered its own service mark for use by that county, municipality, or board of education; or

(3) Consists of or comprises the flag or coat of arms or other insignia of the United States or of any state, county, or municipality or of any foreign nation or any simulation thereof, except that a county, municipality, or board of education shall be entitled to have registered its own service mark for use by that county, municipality, or board of education; or

(4) Consists of or comprises the name, signature, or portrait of any living individual, except with his or her written consent; or

(4) Consists of or comprises the name, signature, or portrait of any living individual, except with his or her written consent; or

(5) Consists of a mark which: (A) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or (B) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or (C) Is primarily merely a surname; or

(5) Consists of a mark which:

(A) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or

(A) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or

(B) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or

(B) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or

(C) Is primarily merely a surname; or

(C) Is primarily merely a surname; or

(6) Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in this state or a trademark or service mark or trade name previously used in this state by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive; or

(6) Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in this state or a trademark or service mark or trade name previously used in this state by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive; or

(7) Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in the United States Patent Office by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive;

(7) Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in the United States Patent Office by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive;

provided, however, that, should the applicant prove that the applicant is the owner of a concurrent registration in the United States Patent Office of a trademark or service mark covering an area including this state, the applicant may register such trademark or service mark under this part.
O.C.G.A. § 10-1-679-2 — GA Code / Title 10 / Chapter 1 / Section 10-1-679-2
Georgia Code Title 10. Commerce and Trade § 10-1-679.2
Status: in_force

The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle dealer in the same area unless the grantor can show good cause for the addition of the new recreational vehicle dealer, including reasonable evidence that the market will support the establishment of a new dealership.
O.C.G.A. § 10-4-59 — GA Code / Title 10 / Chapter 4 / Section 10-4-59
Georgia Code Title 10. Commerce and Trade § 10-4-59
Status: in_force

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 such sums as may be necessary for this purpose.
O.C.G.A. § 10-1-772 — GA Code / Title 10 / Chapter 1 / Section 10-1-772
Georgia Code Title 10. Commerce and Trade § 10-1-772
Status: in_force

If proceedings are initiated in a court of competent jurisdiction by the author of a demand letter or the author's agent, principal, client, or employee, a target may move that a bad faith assertion of patent infringement has been made in violation of this article and request that a protective order be issued as described in this Code section. Upon such motion and a finding by the court that a target has established a reasonable likelihood that an author of a demand letter has made a bad faith assertion of patent infringement, the court shall require the author of the demand letter to post a bond in an amount equal to a good faith estimate of the target's expenses of litigation, including an estimate of reasonable attorney's fees, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. A bond ordered pursuant to this Code section shall not exceed $250,000.00. The court may waive the bond requirement if it finds the author of the demand letter has available assets equal to the amount of the proposed bond or for other good cause shown.
O.C.G.A. § 10-1-680 — GA Code / Title 10 / Chapter 1 / Section 10-1-680
Georgia Code Title 10. Commerce and Trade § 10-1-680
Status: in_force

This article shall be known and may be cited as the “Lease-purchase Agreement Act.”
O.C.G.A. § 10-1-602 — GA Code / Title 10 / Chapter 1 / Section 10-1-602
Georgia Code Title 10. Commerce and Trade § 10-1-602
Status: in_force

Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” shall apply to all actions and proceedings of an administrative nature taken by the Attorney General pursuant to this article, except where the Attorney General is acting under Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.” A violation of this article shall also be considered a violation of Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975.”
O.C.G.A. § 10-1-439 — GA Code / Title 10 / Chapter 1 / Section 10-1-439
Georgia Code Title 10. Commerce and Trade § 10-1-439
Status: in_force

This part shall be known and may be cited as the “Georgia Firearms Industry Nondiscrimination Act.”
O.C.G.A. § 10-1-660 — GA Code / Title 10 / Chapter 1 / Section 10-1-660
Georgia Code Title 10. Commerce and Trade § 10-1-660
Status: in_force

This part shall be known and may be cited as the “Motor Vehicle Fair Practices Act.”
O.C.G.A. § 10-1-30 — GA Code / Title 10 / Chapter 1 / Section 10-1-30
Georgia Code Title 10. Commerce and Trade § 10-1-30
Status: in_force

This article shall be known and may be cited as the “Motor Vehicle Sales Finance Act.”
O.C.G.A. § 10-4-54 — GA Code / Title 10 / Chapter 4 / Section 10-4-54
Georgia Code Title 10. Commerce and Trade § 10-4-54
Status: in_force

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 and scientific handling of this crop from the fields to the mill and, when he shall have determined upon the best system of ginning, baling, and covering, to recommend its adoption by all ginners as fast as practicable, without undue expense.
O.C.G.A. § 10-14-30 — GA Code / Title 10 / Chapter 14 / Section 10-14-30
Georgia Code Title 10. Commerce and Trade § 10-14-30
Status: in_force

The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers.
O.C.G.A. § 10-4-52 — GA Code / Title 10 / Chapter 4 / Section 10-4-52
Georgia Code Title 10. Commerce and Trade § 10-4-52
Status: in_force

(a) The commissioner shall have the power to appoint graders, officers, clerks, and all necessary employees to carry out this article and fix the salaries of same. He shall also have the power, and is directed, to safeguard the interests of the state by requiring bonds from such officers, clerks, and employees for the performance of their duties.

(a) The commissioner shall have the power to appoint graders, officers, clerks, and all necessary employees to carry out this article and fix the salaries of same. He shall also have the power, and is directed, to safeguard the interests of the state by requiring bonds from such officers, clerks, and employees for the performance of their duties.

(b) The commissioner shall also prescribe rules and regulations not inconsistent with the intent and spirit of this article to carry the same into effect.

(b) The commissioner shall also prescribe rules and regulations not inconsistent with the intent and spirit of this article to carry the same into effect.
O.C.G.A. § 10-6-57 — GA Code / Title 10 / Chapter 6 / Section 10-6-57
Georgia Code Title 10. Commerce and Trade § 10-6-57
Status: in_force

Where money is due on a written evidence of debt, payment to an agent of the creditor who fails to produce the obligation shall be at the risk of the debtor. Nonproduction of the security shall rebut the implication of authority arising from the agent's employment, and it must be otherwise established.
O.C.G.A. § 10-1-124 — GA Code / Title 10 / Chapter 1 / Section 10-1-124
Georgia Code Title 10. Commerce and Trade § 10-1-124
Status: in_force

No person, firm, corporation, or agent or employee of any person, firm, or corporation shall sell or expose or offer for sale any flaxseed or linseed oil unless it shall be done under its true name; and each tank car, tank, barrel, keg, or any vessel of such oil shall have distinctly and durably printed, stamped, stenciled, or labeled thereon the true name of such oil and in ordinary boldface capital letters the words “PURE LINSEED OIL RAW” or “PURE LINSEED OIL BOILED” and the name and address of the manufacturer thereof or of the party for whom the same is manufactured and under whose brand the same is sold.
O.C.G.A. § 10-1-448 — GA Code / Title 10 / Chapter 1 / Section 10-1-448
Georgia Code Title 10. Commerce and Trade § 10-1-448
Status: in_force

(a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) All registrations granted under this part and not renewed in accordance with the provisions of this part; (3) Any registration concerning which a court of competent jurisdiction shall find that: (A) The registered trademark or service mark has been abandoned; (B) The registrant is not the owner of the trademark or service mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; or (E) The registered trademark or service mark is so similar to a trademark or service mark registered by another person in the United States Patent Office prior to the date of the filing of the application for registration by the registrant under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or (4) Any registration which a court of competent jurisdiction shall order canceled.

(a) The Secretary of State shall cancel from the register:

(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

(2) All registrations granted under this part and not renewed in accordance with the provisions of this part;

(2) All registrations granted under this part and not renewed in accordance with the provisions of this part;

(3) Any registration concerning which a court of competent jurisdiction shall find that: (A) The registered trademark or service mark has been abandoned; (B) The registrant is not the owner of the trademark or service mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; or (E) The registered trademark or service mark is so similar to a trademark or service mark registered by another person in the United States Patent Office prior to the date of the filing of the application for registration by the registrant under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or

(3) Any registration concerning which a court of competent jurisdiction shall find that:

(A) The registered trademark or service mark has been abandoned;

(A) The registered trademark or service mark has been abandoned;

(B) The registrant is not the owner of the trademark or service mark;

(B) The registrant is not the owner of the trademark or service mark;

(C) The registration was granted improperly;

(C) The registration was granted improperly;

(D) The registration was obtained fraudulently; or

(D) The registration was obtained fraudulently; or

(E) The registered trademark or service mark is so similar to a trademark or service mark registered by another person in the United States Patent Office prior to the date of the filing of the application for registration by the registrant under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or

(E) The registered trademark or service mark is so similar to a trademark or service mark registered by another person in the United States Patent Office prior to the date of the filing of the application for registration by the registrant under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or

(4) Any registration which a court of competent jurisdiction shall order canceled.

(4) Any registration which a court of competent jurisdiction shall order canceled.

(b) A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation.

(b) A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation.
O.C.G.A. § 10-7-29 — GA Code / Title 10 / Chapter 7 / Section 10-7-29
Georgia Code Title 10. Commerce and Trade § 10-7-29
Status: in_force

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 to pay the eventual condemnation money in the action; and it shall not be necessary to bring an action upon the bond.
O.C.G.A. § 10-1-391 — GA Code / Title 10 / Chapter 1 / Section 10-1-391
Georgia Code Title 10. Commerce and Trade § 10-1-391
Status: in_force

(a) The purpose of this part shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the state. It is the intent of the General Assembly that such practices be swiftly stopped, and this part shall be liberally construed and applied to promote its underlying purposes and policies.

(a) The purpose of this part shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the state. It is the intent of the General Assembly that such practices be swiftly stopped, and this part shall be liberally construed and applied to promote its underlying purposes and policies.

(b) It is the intent of the General Assembly that this part be interpreted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to Section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. Section 45(a)(1) ), as from time to time amended.

(b) It is the intent of the General Assembly that this part be interpreted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to Section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. Section 45(a)(1) ), as from time to time amended.
O.C.G.A. § 10-1-127 — GA Code / Title 10 / Chapter 1 / Section 10-1-127
Georgia Code Title 10. Commerce and Trade § 10-1-127
Status: in_force

Whoever shall sell or offer or expose for sale any paint which shall be labeled or marked in such manner as to tend to deceive the purchaser as to its nature or composition or which shall not be accurately labeled as required in this article shall be guilty of a misdemeanor and, upon conviction thereof, for each offense shall be punished by a fine of not less than $25.00 and not more than $100.00 or by imprisonment in the county jail not exceeding 60 days.
O.C.G.A. § 10-6b-41 — GA Code / Title 10 / Chapter 6B / Section 10-6b-41
Georgia Code Title 10. Commerce and Trade § 10-6B-41
Status: in_force

(a) An agent shall have authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Code Sections 10-6B-43 through 10-6B-56 or cites the Code section in which the authority is described.

(a) An agent shall have authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Code Sections 10-6B-43 through 10-6B-56 or cites the Code section in which the authority is described.

(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject stated in Code Sections 10-6B-43 through 10-6B-56 or a citation to a specific Code section in Code Sections 10-6B-43 through 10-6B-56 shall incorporate the entire Code section as if it were set out in full in the power of attorney.

(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject stated in Code Sections 10-6B-43 through 10-6B-56 or a citation to a specific Code section in Code Sections 10-6B-43 through 10-6B-56 shall incorporate the entire Code section as if it were set out in full in the power of attorney.

(c) A principal may modify authority incorporated by reference.

(c) A principal may modify authority incorporated by reference.
O.C.G.A. § 10-1-359-4 — GA Code / Title 10 / Chapter 1 / Section 10-1-359-4
Georgia Code Title 10. Commerce and Trade § 10-1-359.4
Status: in_force

(a) The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property except as allowed in this Code section.

(a) The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property except as allowed in this Code section.

(b) Political subdivisions of this state may enact rules, regulations, codes, ordinances, and other laws: (1) Affecting the land use and zoning relating to secondary metals recyclers; and (2) Issuing occupational tax certificates to secondary metals recyclers, imposing occupational taxes, imposing regulatory fees as allowed in Code Section 48-13-9 , or revoking their occupational tax certificates.

(b) Political subdivisions of this state may enact rules, regulations, codes, ordinances, and other laws:

(1) Affecting the land use and zoning relating to secondary metals recyclers; and

(1) Affecting the land use and zoning relating to secondary metals recyclers; and

(2) Issuing occupational tax certificates to secondary metals recyclers, imposing occupational taxes, imposing regulatory fees as allowed in Code Section 48-13-9 , or revoking their occupational tax certificates.

(2) Issuing occupational tax certificates to secondary metals recyclers, imposing occupational taxes, imposing regulatory fees as allowed in Code Section 48-13-9 , or revoking their occupational tax certificates.
O.C.G.A. § 10-1-423 — GA Code / Title 10 / Chapter 1 / Section 10-1-423
Georgia Code Title 10. Commerce and Trade § 10-1-423
Status: in_force

Any person, firm, or corporation offering through advertising merchandise, commodities, or services for sale in violation of Code Section 10-1-420 , 10-1-421 , or 10-1-422 may be enjoined from such advertising by the superior court having jurisdiction, upon the suit of any person aggrieved or about to be aggrieved thereby.