reglab/housing_qa huggingface dataset:
GA Code § 10-5-78 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5 - Georgia Uniform Securities|Article 6 - Administration|§ 10-5-78. Rules and Orders Issued Under This Chapter Subject to Judicial Review

  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 rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."     (Code 1981, §10-5-78, enacted by Ga. L. 2008, p. 381, § 1/SB 358.)
GA Code § 10-5-80 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5 - Georgia Uniform Securities|Article 6 - Administration|§ 10-5-80. Consent to Service of Process

  A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.   If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a) of this Code section, the act, practice, or course of business constitutes the appointment of the Commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.   Service under subsection (a) or (b) of this Code section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless:   The plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and   The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the Commissioner in a proceeding before the Commissioner, allows.     Service pursuant to subsection (c) of this Code section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party.   If process is served under subsection (c) of this Code section, the court, or the Commissioner in a proceeding before the Commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.     (Code 1981, §10-5-80, enacted by Ga. L. 2008, p. 381, § 1/SB 358.)   Law reviews.   - For article, "The Georgia Uniform Securities Act of 2008: An Analysis of Significant Changes to Georgia's Blue Sky Law," see 14 (No. 6) Ga. St. B. J. 18 (2009).
GA Code § 10-5-90 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5 - Georgia Uniform Securities|Article 7 - Applicability of Predecessor Provisions|§ 10-5-90. Predecessor Act Governs Actions Pending and Registrations, Orders, and Rules in Effect on July 1, 2009

  The predecessor Act exclusively governs all actions or proceedings that are pending on July 1, 2009, or may be instituted on the basis of conduct occurring before July 1, 2009, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after July 1, 2009, whichever is earlier.   All effective registrations under the predecessor Act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor Act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter but are exclusively governed by the predecessor Act.   The predecessor Act exclusively applies to an offer or sale made within one year after July 1, 2009, pursuant to an offering made in good faith before July 1, 2009, on the basis of an exemption available under the predecessor Act.     (Code 1981, §10-5-90, enacted by Ga. L. 2008, p. 381, § 1/SB 358.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2008, "July 1, 2009" was substituted for "the effective date of this chapter" in subsections (a) and (c) and a comma was inserted following "July 1, 2009" in subsections (a) and (c).   JUDICIAL DECISIONS    Cited in Cushing v. Cohen, 323 Ga. App. 497, 746 S.E.2d 898 (2013).
GA Code § 10-5A-2 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-2. Prohibited Activities Concerning Purchase or Sale of Commodities

 Except as otherwise provided in Code Section 10-5A-3 or 10-5A-4, no person shall solicit the purchase or sale of or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into as seller or purchaser any commodity contract or any commodity option.    (Code 1981, §10-5A-2, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-3 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-3. Exempt Purchasers and Sellers

 The prohibitions in Code Section 10-5A-2 shall not apply to any transaction offered by and in which any of the following persons or any employee, officer, or director thereof acting solely in that capacity is the purchaser or seller:    A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;   A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require such registration;   A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in paragraph (1) or (2) of this Code section;   A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearing-house thereof;   A financial institution;   A person registered under the laws of this state as a securities broker-dealer whose activities require such registration; or   A person engaged in business as a bullion or precious metals dealer having and maintaining a net worth of at least $500,000.00, provided that such person has filed with the Commissioner a sworn statement, in form and substance satisfactory to the Commissioner, that such person meets the minimum net worth requirement and that such person will notify the Commissioner immediately in the event its net worth falls below $500,000.00.  The exemption provided by this Code section shall not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or Commodity Futures Trading Commission rule.      (Code 1981, §10-5A-3, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-4 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-4. Exempt Transactions and Contracts; Rules and Regulations

  The prohibitions in Code Section 10-5A-2 shall not apply to the following:   An account, agreement, or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act;   A commodity contract or the purchase of one or more precious metals which requires, and under which the purchaser receives within seven calendar days from the date of payment in good funds of any portion of the purchase price, physical delivery of the quantity of the precious metals purchased by such payment, provided that, for purposes of this paragraph, physical delivery shall be deemed to have occurred if, within such seven-day period, such quantity of precious metals purchased by such payment is delivered (whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either (A) a financial institution, (B) a depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the Commodity Futures Trading Commission, (C) a storage facility licensed or regulated by the United States or any agency thereof, or (D) a depository designated by the Commissioner, and such depository (or other person which itself qualifies as a depository) issues and the purchaser receives a certificate, document of title, confirmation, or other instrument evidencing that such quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser;   A commodity contract solely between persons engaged in producing, processing, using commercially, or handling as merchants each commodity subject thereto or any by-product thereof; or   A commodity contract under which the offeree or the purchaser is a person referred to in Code Section 10-5A-3, an insurance company, or an investment company as defined in the Investment Company Act of 1940.     The Commissioner may issue rules, regulations, or orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted by the Commodity Exchange Act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally, and otherwise implementing the provisions of this chapter for the protection of purchasers and sellers of commodities.     (Code 1981, §10-5A-4, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-5 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-5. Conditions for Acting as Commodity Merchant; Designation of Board of Trade

  No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person:   Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired or been suspended or revoked; or   Is exempt from such registration by virtue of the Commodity Exchange Act or of a Commodity Futures Trading Commission rule.     No board of trade shall trade or provide a place for the trading of any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless such board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, suspended, or revoked.     (Code 1981, §10-5A-5, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-6 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-6. Fraudulent or Deceitful Acts or Willful Misappropriation Prohibited

 No person shall directly or indirectly:    Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme, or artifice to defraud any other person;   Willfully make any false report, enter any false record, or make any untrue statement of a material fact or fail to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;   Engage in any transaction, act, practice, or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or   Willfully misappropriate or convert the funds, security, or property of any other person in connection with the solicitation of a purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of any commodity contract or commodity option subject to the provisions of Code Section 10-5A-2, Code Section 10-5A-3, or paragraph (2) or (4) of subsection (a) of Code Section 10-5A-4.     (Code 1981, §10-5A-6, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-7 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-7. Liability for Acts or Omissions of Employees, Officers, or Agents

  The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person.   Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this subsection sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.     (Code 1981, §10-5A-7, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-8 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-8. Applicability of Securities Law

 Nothing in this chapter shall impair, derogate, or otherwise affect the authority or powers of the Commissioner under Chapter 5 of this title, known as the "Georgia Uniform Securities Act of 2008," or the application of any provision of such chapter to any person or transaction subject to such chapter.    (Code 1981, §10-5A-8, enacted by Ga. L. 1988, p. 1636, § 1; Ga. L. 2008, p. 381, § 10/SB 358.)
GA Code § 10-5A-9 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 1 - General Provisions|§ 10-5A-9. Construction of Chapter

 This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination with federal laws and the laws of other states and the administration and enforcement thereof. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter.    (Code 1981, §10-5A-9, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-21 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 2 - Enforcement|§ 10-5A-21. Actions by Commissioner if Chapter, Rule, or Order Violated

  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:   Issue a cease and desist order;   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   Initiate any of the actions specified in subsection (b) of this Code section.     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:   A declaratory judgment;   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;   An action for disgorgement; or   An action for appointment of a receiver or conservator for the defendant or the defendant's assets.       (Code 1981, §10-5A-21, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-23 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 2 - Enforcement|§ 10-5A-23. Venue for Civil and Criminal Actions

 For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the issuer's principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, or other material or objects which were used in furtherance of the violation.    (Code 1981, §10-5A-23, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-24 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 2 - Enforcement|§ 10-5A-24. Commissioner of Securities; Employees; Compensation and Expenses; Assistant Commissioner; Prohibited Use of Information; Confidential Information

  This chapter shall be administered by the office of the Secretary of State who is designated Commissioner of Securities.   The Commissioner shall have authority to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this chapter vested in him may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.   The Commissioner and any persons employed by him shall be paid, in addition to their regular compensation, the transportation, board, lodging, and other travel expenses necessary and actually incurred by each of them in the performance of their duties under this chapter.   The Commissioner shall appoint, with the approval of the Governor, a person as assistant commissioner and delegate such of his powers and duties under this chapter to such assistant commissioner as he desires.   Neither the Commissioner nor any employees of the Commissioner shall use any information which is filed with or obtained by the Commissioner which is not public information for personal gain or benefit, nor shall the Commissioner or any employees of the Commissioner conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.     Except as provided in paragraph (2) of this subsection, all information collected, assembled, or maintained by the Commissioner is public information and is available for examination by the public.   The following are exceptions to paragraph (1) of this subsection and are deemed to be confidential:   Information obtained in private investigations pursuant to Code Section 10-5A-20;   Information designated as confidential by any rule, regulation, or order of the Commissioner; and   Information obtained from federal agencies which may not be disclosed under federal law.     The Commissioner in his discretion may disclose any information made confidential under subparagraph (A) of paragraph (2) of this subsection to persons identified in subsection (a) of Code Section 10-5A-25.   No provision of this chapter either creates or derogates any privilege which exists at common law, by statute, or otherwise when any documentary or other evidence is sought under a subpoena directed to the Commissioner or any employee of the Commissioner.       (Code 1981, §10-5A-24, enacted by Ga. L. 1988, p. 1636, § 1; Ga. L. 1989, p. 14, § 10.)
GA Code § 10-5A-25 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 2 - Enforcement|§ 10-5A-25. Cooperation With Agencies, Administrators, and Organizations

  To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the Commissioner and the employees of the Commissioner may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory, or such other agencies administering laws similar to this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies, and any governmental law enforcement agency.   The cooperation authorized by subsection (a) of this Code section shall include, but need not be limited to, the following:   Making joint examinations or investigations;   Holding joint administrative hearings;   Filing and prosecuting joint litigation;   Sharing and exchanging personnel;   Sharing and exchanging information and documents;   Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases; and   Issuing and enforcing subpoenas at the request of the agency administering laws similar to this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.       (Code 1981, §10-5A-25, enacted by Ga. L. 1988, p. 1636, § 1.)
GA Code § 10-5A-26 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 5A - Commodities and Commodity Contracts and Options|Article 2 - Enforcement|§ 10-5A-26. Rules and Regulations

 The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Code 1981, §10-5A-26, enacted by Ga. L. 1988, p. 1636, § 1.)