reglab/housing_qa huggingface dataset:
GA Code § 10-6-88 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 4 - Rights and Liabilities of Agent as to Third Persons|§ 10-6-88. When Public Agent Not Liable on Public Contract

 Public agents contracting in behalf of the public shall not be individually liable on such contracts.   (Orig. Code 1863, § 2190; Code 1868, § 2186; Code 1873, § 2212; Code 1882, § 2212; Civil Code 1895, § 3040; Civil Code 1910, § 3612; Code 1933, § 4-407.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 342 et seq.   C.J.S.   - 73A C.J.S., Supp., Public Contracts, § 10.   ALR.    - Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055.
GA Code § 10-6-89 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 4 - Rights and Liabilities of Agent as to Third Persons|§ 10-6-89. Contract for Nonexisting Principal Void; Right of Action Against Purported Agent

 The contract of any person or corporation who purports as agent of a nonexisting principal to bind such nonexisting principal only shall be void. Any other party to such contract who is misled thereby to his injury shall have a right of action for damages against such purported agent individually.   (Code 1933, § 4-410, enacted by Ga. L. 1955, p. 346, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 277.   C.J.S.   - 2A C.J.S., Agency, § 397.   ALR.    - Liability on the contract of one who without authority assumes to contract for another, 42 A.L.R. 1310; 60 A.L.R. 1348.    Personal liability of one who assumes to contract as agent for a principal who is fictitious or nonexistent, 126 A.L.R. 114.
GA Code § 10-6-100 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 5 - Agents Receiving Moneys for Third Persons|§ 10-6-100. Bond to Be Posted by Agent in Business of Receiving Cash for Payment to Third Persons; Exceptions

 Any person, corporation, partnership, association, or any other entity which engages in the business of receiving cash from patrons as payment of obligations owed by such patrons to third parties, with the understanding that such person, corporation, partnership, association, or other entity will act as agent of the patron in making payment directly to the third party must, as a condition to engaging in such a business, post a bond as security in the amount of $50,000.00 with the clerk of the superior court in the county in which its principal place of business is located; provided, however, that no such bonding requirement need be met by any person, corporation, partnership, association, or other entity who or which handles or administers fewer than 20 payments per month; provided, further, that no such bonding requirement need be met by any person, corporation, partnership, association, or other entity who or which has received written authorization from a third party to act as agent for the third party. Written authorization to the agent from one or more third parties does not relieve the agent from posting the security bond as required by this Code section if the agent is receiving 20 or more cash payments owed to one or more other third parties from whom no written authorization has been received.   (Code 1933, § 84-6901, enacted by Ga. L. 1976, p. 558, § 1.)   RESEARCH REFERENCES   ALR.    - Check on bank as payment of debts held by bank for collection, 18 A.L.R. 537; 65 A.L.R. 1151.    Liability of principal for amount of fraudulent excess collection by agent, 46 A.L.R. 1212.
GA Code § 10-6-101 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 5 - Agents Receiving Moneys for Third Persons|§ 10-6-101. Right to Restitution From Bond; Agent's Civil Liability or Criminal Responsibility to Patron Not Affected

 Failure of any such agent to pay over moneys in accordance with lawful instructions or agreement shall entitle the third party to whom payment should have been made to restitution of moneys entrusted and not so paid over from such posted bond to the extent of the amount thereof; provided, however, that no payment on bond made in accordance with this article shall relieve any agent of any civil liability to the patron for sums misappropriated or not properly paid over or of any criminal liability for fraud, theft, conversion, breach of fiduciary duty, or other offense.   (Code 1933, § 84-6902, enacted by Ga. L. 1976, p. 558, § 2.)   RESEARCH REFERENCES   C.J.S.   - 2A C.J.S., Agency, § 375 et seq.   ALR.    - Check on bank as payment of debts held by bank for collection, 18 A.L.R. 537; 65 A.L.R. 1151.    Liability of principal for amount of fraudulent excess collection by agent, 46 A.L.R. 1212.   Embezzlement by independent collector or collection agency working on commission or percentage, 56 A.L.R.2d 1156.   Liability of collection agency for failure to pursue claim, 76 A.L.R.2d 1155.   Method employed in collecting debt due client as ground for disciplinary action against attorney, 93 A.L.R.3d 880.
GA Code § 10-6-102 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 5 - Agents Receiving Moneys for Third Persons|§ 10-6-102. Penalties for Failure to Post Bond

 Any person who fails to post a bond as required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300.00 nor more than $3,000.00, or by imprisonment for not more than six months, or both.   (Code 1933, § 84-9994, enacted by Ga. L. 1976, p. 558, § 3.)
GA Code § 10-6-120 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 6 - Overseers|§ 10-6-120. Overseer's Duties and Powers

 In the absence of the employer, the overseer stands in his place. It shall be his duty to see to the sustenance and protection of his employer's property; and to discharge the duty, he shall be justified in repelling aggressors and trespassers to the same extent as the employer.   (Orig. Code 1863, § 2193; Code 1868, § 2189; Code 1873, § 2215; Code 1882, § 2215; Civil Code 1895, § 3043; Civil Code 1910, § 3615; Code 1933, § 4-501.)   RESEARCH REFERENCES   ALR.    - Right to eject customer from store, 33 A.L.R. 421.   Implied or apparent authority of agent to purchase or order goods or merchandise, 55 A.L.R.2d 6.
GA Code § 10-6-121 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 6 - Overseers|§ 10-6-121. Parol Contract Between Employer and Overseer

 Contracts between employers and overseers may be by parol, though they may extend beyond a year from the time of the contract.   (Orig. Code 1863, § 2195; Code 1868, § 2190; Code 1873, § 2216; Code 1882, § 2216; Civil Code 1895, § 3044; Civil Code 1910, § 3616; Code 1933, § 4-502.)   Cross references.   - Statute of frauds, § 13-5-30 et seq.   JUDICIAL DECISIONS    Cited in Baxley Veneer & Clete Co. v. Maddox, 198 Ga. App. 235, 401 S.E.2d 282 (1990).   RESEARCH REFERENCES   ALR.   - Enforceability, under statute of frauds provision as to contracts not to be performed within a year, or oral employment contract for more than one year but specifically made terminable upon death of either party, 88 A.L.R.2d 701.
GA Code § 10-6-140 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 7 - Financial Power of Attorney|§ 10-6-140. Through 10-6-142

 Reserved. Repealed by Ga. L. 2017, p. 435, § 1-1/HB 221, effective July 1, 2017.   Cross references.   - Uniform power of attorney, T. 10, C. 6B.   Editor's notes.   - This article was based on Ga. L. 1995, p. 1171, § 1; Ga. L. 1997, p. 143, § 10; Ga. L. 1999, p. 81, § 10; Ga. L. 1999, p. 485, §§ 3, 4; Ga. L. 2000, p. 136, § 10; Ga. L. 2010, p. 579, § 3/SB 131.
GA Code § 10-6B-1 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-1. Short Title

 This chapter shall be known and may be cited as the "Georgia Power of Attorney Act."    (Code 1981, §10-6B-1, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 1/HB 897.)    The 2018 amendment,  effective July 1, 2018, substituted "Georgia" for "Uniform" in the middle of this Code section.
GA Code § 10-6B-3 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-3. Applicability

 This chapter shall apply to all powers of attorney except:    A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;   A power to make health care decisions;   Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights;   A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;   A power created by a person other than an individual;   A power that grants authority with respect to a single transaction or series of related transactions involving real estate;   A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments;   A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business;   Powers of attorney provided for under Titles 19 and 33; and   As set forth in Code Section 10-6B-81.     (Code 1981, §10-6B-3, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 3/HB 897; Ga. L. 2020, p. 377, § 2-10/HB 865.)    The 2018 amendment,  effective July 1, 2018, deleted the subsection (a) designation; substituted the present provisions of paragraph (3) for the former provisions, which read: "A proxy or other delegation to exercise voting rights or management rights with respect to an entity;"; substituted the present provisions of paragraph (5) for the former provisions, which read: "Transaction specific powers of attorney, including, but not limited to, powers of attorney under Chapter 6 of this title; and"; substituted "; and" for the period at the end of paragraph (6); added paragraph (7); and deleted former subsection (b), which read: "A power of attorney shall not authorize an agent to create a will."    The 2020 amendment,  effective January 1, 2021, added paragraphs (5), (7), and (8) and redesignated former paragraphs (5), (6), and (7) as present paragraphs (6), (9), and (10) respectively, and substituted "A power that grants" for "Powers of attorney that only grant" in paragraph (6).
GA Code § 10-6B-4 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-4. Power of Attorney Is Durable

 A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.    (Code 1981, §10-6B-4, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.)
GA Code § 10-6B-5 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-5. (See Editor's notes.) Execution of Power of Attorney

  A power of attorney shall be:   Signed by the principal or by another individual in such principal's presence at the principal's express direction;   Attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorney being attested; and   Attested as set forth in Code Section 44-2-15, in the presence of the principal, by an individual who is not a witness for purposes of paragraph (2) of this subsection and who is not also named as an agent in the power of attorney being attested.     The individuals provided for in paragraphs (2) and (3) of subsection (a) of this Code section shall not be required to attest to the signature of any person other than the principal or the individual signing at the principal's express direction.     (Code 1981, §10-6B-5, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 4/HB 897; Ga. L. 2018, p. 1112, § 10/SB 365.)    The 2018 amendments.  The first 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "Attested in the presence of the principal by one or more competent witnesses; and"; substituted the present provisions of paragraph (a)(3) for the former provisions, which read: "Attested in the presence of the principal before a notary public or other individual authorized by law to administer oaths who is not a witness for purposes of paragraph (2) of this subsection."; and substituted the present provisions of subsection (b) for the former provisions, which read: "All signatures and attestations required by subsection (a) of this Code section shall be performed and conducted in the presence of all parties provided for in subsection (a) of this Code section." The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "this subsection" for "this Code section" in paragraph (a)(3).   For application of this statute in 2020, see Executive Order 04.09.20.01.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.
GA Code § 10-6B-6 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-6. Validity of Power of Attorney; Effect of Copy

  A power of attorney executed in this state on or after July 1, 2017, shall be valid if its execution complies with Code Section 10-6B-5.   A power of attorney executed other than in this state shall be valid in this state if, when the power of attorney was executed, the execution complied with:   The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Code Section 10-6B-7; or   The requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2018.     Except as otherwise provided by law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original; provided, however, that when recording a power of attorney in connection with a conveyance involving real property, a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44.     (Code 1981, §10-6B-6, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 5/HB 897.)    The 2018 amendment,  effective July 1, 2018, deleted former subsection (b), which read: "This chapter shall not affect a power of attorney executed prior to July 1, 2017, to which the former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall continue to apply."; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; substituted "2018" for "2017" in paragraph (b)(2); and substituted "a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44" for "an original power of attorney shall be used" at the end of subsection (c).
GA Code § 10-6B-7 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-7. Controlling Law

 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.    (Code 1981, §10-6B-7, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.)
GA Code § 10-6B-8 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-8. Nomination of Conservator; Relationship of Agent to Court-Appointed Fiduciary; Finding of Incapacity

  In a power of attorney, a principal may nominate a conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.   Unless expressly provided otherwise by the power of attorney or ordered otherwise by the court appointing the conservator, if, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, then the appointment of a conservator or other fiduciary shall terminate all or part of the power of attorney that relates to the matters within the scope of the conservatorship or management by another fiduciary. If such power of attorney does not wholly terminate, the agent shall be accountable to the conservator or other fiduciary as well as to the principal.   If the court orders the power of attorney shall not terminate, the court may impose upon the power of attorney or agent such terms and conditions as it determines are in the best interest of the principal.   A finding by a court that a principal is incapacitated for purposes of this chapter shall neither constitute a determination of nor create a presumption regarding such principal's need for a guardian or conservator under Title 29.     (Code 1981, §10-6B-8, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 6/HB 897.)    The 2018 amendment,  effective July 1, 2018, added subsection (d).
GA Code § 10-6B-9 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-9. When Power of Attorney Effective

  A power of attorney shall be effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.   If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.   If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney shall become effective upon a certification in a writing or other record by:   A physician or licensed psychologist determining that the principal has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or   An attorney at law, a judge, or an appropriate governmental official determining that the principal is missing, detained, including incarcerated in a penal system, or is outside the United States and unable to return.     A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, in effect on February 1, 2018, and applicable regulations in effect on February 1, 2018, to obtain access to the principal's health care information and communicate with the principal's health care provider.     (Code 1981, §10-6B-9, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 22/HB 897.)    The 2018 amendment,  effective July 1, 2018, substituted "February 1, 2018" for "February 1, 2017" twice in subsection (d).
GA Code § 10-6B-11 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-11. Designation of Coagents; Role of Successor Agent; Notification of Violation

  A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, coagents shall exercise their authority independently.     A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is no longer qualified to serve, has declined to serve, or dies. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent shall:   Have the same authority as that granted to the original agent; and   Not act until all predecessor agents have resigned, become incapacitated, are no longer qualified to serve, have declined to serve, or died.     An agent who has been incapacitated for more than six months shall not resume acting as an agent pursuant to the power of attorney that created the agency during which the agent became incapacitated.     Except as otherwise provided in the power of attorney and subsection (d) of this Code section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, shall not be liable for the actions of the other agent.   An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection shall be liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.     (Code 1981, §10-6B-11, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 8/HB 897.)    The 2018 amendment,  effective July 1, 2018, substituted the present provisions of paragraph (b)(2) for the former provisions, which read: "Once a predecessor agent resigns, becomes incapacitated, is no longer qualified to serve, or has declined to serve, he or she shall be permanently barred from serving as an agent under the then existing power of attorney."
GA Code § 10-6B-12 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-12. Compensation

 Unless the power of attorney otherwise provides, an agent shall not be entitled to compensation for services rendered. An agent shall be entitled to reasonable reimbursement of expenses incurred in performing the acts required by the principal under the power of attorney.    (Code 1981, §10-6B-12, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.)
GA Code § 10-6B-13 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6B - Georgia Power of Attorney|Article 1 - General Provisions|§ 10-6B-13. Agent's Acceptance of Appointment

 Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.    (Code 1981, §10-6B-13, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.)