reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-102 - Notifications to designated third parties

If a qualified individual has reasonable cause to believe that the financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, then a qualified individual may notify any third party previously designated by the eligible adult; provided, however, that a qualified individual shall not notify any designated third party that is suspected of the financial exploitation or other abuse of the eligible adult.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-104 - Limitations on administrative and civil liability

No broker-dealer, investment adviser, or qualified individual who, in good faith and exercising reasonable care, complies with this article shall be subject to administrative or civil liability based on:
(1)
A delay of a disbursement or transaction pursuant to this article;
(2)
A disclosure made pursuant to this article; or
(3)
The failure to notify an eligible adult of disclosures made pursuant to this article.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-105 - Disclosure on investigations

Notwithstanding any provision of law to the contrary, the Commissioner may disclose to any notifying broker-dealer, investment adviser, or qualified individual the general status or final disposition of any investigation that arose from a report made by the broker-dealer, investment adviser, or qualified individual under this article.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-106 - Accessibility of books and records

(a)
A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the Commissioner, adult protective agency of competent jurisdiction, or law enforcement pursuant to an investigation. Such records may include historical records and records pertaining to a disbursement or transaction related to the suspected or attempted financial exploitation of an eligible adult. Records made available under this Code section shall not be public records and shall not be available for public examination.
(b)
Nothing in this Code section shall limit or otherwise impede the authority of the Commissioner from accessing or examining the books and records of a broker-dealer or investment adviser as otherwise provided by law.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-107 - Administrative and civil liability

Nothing in this article shall limit or shield, in any manner, a broker-dealer, investment adviser, or qualified individual from any administrative or civil liability for any claim, or for reasonable attorneys' fees, costs, and litigation expenses related to such claim, for participating in or materially aiding the financial exploitation of an eligible adult. Any such civil claim may be asserted by the eligible adult, or on his or her behalf by an appropriate guardian or representative who is not involved in or otherwise suspected of participating in the financial exploitation of the eligible adult, by filing a civil action in a court of competent jurisdiction.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-108 - Reporting requirements remain

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.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 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:
(1)
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;
(2)
A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require such registration;
(3)
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;
(4)
A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearing-house thereof;
(5)
A financial institution;
(6)
A person registered under the laws of this state as a securities broker-dealer whose activities require such registration; or
(7)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 10-5A-4 - Exempt transactions and contracts; rules and regulations

(a)
The prohibitions in Code Section
10-5A-2
shall not apply to the following:
(1)
An account, agreement, or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act;
(2)
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;
(3)
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
(4)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 10-5A-5 - Conditions for acting as commodity merchant; designation of board of trade

(a)
No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person:
(1)
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
(2)
Is exempt from such registration by virtue of the Commodity Exchange Act or of a Commodity Futures Trading Commission rule.
(b)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 10-5A-6 - Fraudulent or deceitful acts or willful misappropriation prohibited

No person shall directly or indirectly:
(1)
Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme, or artifice to defraud any other person;
(2)
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;
(3)
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
(4)
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
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 10-5A-7 - Liability for acts or omissions of employees, officers, or agents

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 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.
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 1 - GENERAL PROVISIONS (§§ 10-5A-1 — 10-5A-9) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-21 - Actions by Commissioner if chapter, rule, or order violated

(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.
(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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-24 - Commissioner of Securities; employees; compensation and expenses; assistant commissioner; prohibited use of information; confidential information

(a)
This chapter shall be administered by the office of the Secretary of State who is designated Commissioner of Securities.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
(1)
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.
(2)
The following are exceptions to paragraph (1) of this subsection and are deemed to be confidential:
(A)
Information obtained in private investigations pursuant to Code Section
10-5A-20
;
(B)
Information designated as confidential by any rule, regulation, or order of the Commissioner; and
(C)
Information obtained from federal agencies which may not be disclosed under federal law.
(3)
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
.
(4)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-25 - Cooperation with agencies, administrators, and organizations

(a)
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.
(b)
The cooperation authorized by subsection (a) of this Code section shall include, but need not be limited to, the following:
(1)
Making joint examinations or investigations;
(2)
Holding joint administrative hearings;
(3)
Filing and prosecuting joint litigation;
(4)
Sharing and exchanging personnel;
(5)
Sharing and exchanging information and documents;
(6)
Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases; and
(7)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 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."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-27 - Applicability of Code Sections 10-5A-2, 10-5A-5, and 10-5A-6

(a)
Code Sections
10-5A-2
,
10-5A-5
, and
10-5A-6
apply to persons who offer to sell or solicit a purchase when:
(1)
An offer to sell or solicitation of a purchase is made in this state; or
(2)
An offer to sell or solicitation of a purchase is made and accepted in this state.
(b)
Code Sections
10-5A-2
,
10-5A-5
, and
10-5A-6
apply to persons who offer to buy or solicit a sale when:
(1)
An offer to buy or solicitation of a sale is made in this state; or
(2)
An offer to buy or solicitation of a sale is made and accepted in this state.
(c)
For the purpose of this Code section, an offer to sell or to buy or a solicitation of a purchase or sale is made in this state, whether or not either party is then present in this state, when the offer or solicitation:
(1)
Originates from this state; or
(2)
Is directed by the offeror or solicitor to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer or solicitation.
(d)
For the purpose of this Code section, an offer to buy or to sell or solicitation of a sale or purchase is accepted in this state when acceptance:
(1)
Is communicated to the offeror or solicitor in this state; and
(2)
Has not previously been communicated to the offeror or solicitor, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror or solicitor in this state, reasonably believing the offeror or solicitor to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.
(e)
An offer to sell or to buy or solicitation of a purchase or sale is not made in this state when:
(1)
The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or
(2)
A radio or television program originating outside this state is received in this state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-28 - Administrative proceedings

(a)
The Commissioner shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing.
(b)
Upon entry of a notice of intent or summary order, the Commissioner shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the Commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the Commissioner shall inform all interested parties that they have 30 business days from the entry of the order to file a written request for a hearing on the matter with the Commissioner and that the hearing will be scheduled to commence within 30 business days after the receipt of the written request.
(c)
If the proceeding is pursuant to a summary order, the Commissioner, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the Commissioner's own motion.
(d)
If no hearing is requested and none is ordered by the Commissioner, the summary order will automatically become a final order after 30 business days.
(e)
If a hearing is requested or ordered, the Commissioner, after notice of, and opportunity for, hearing to all interested persons, may modify or vacate the order or extend it until final determination.
(f)
No final order or order after hearing may be returned without:
(1)
Appropriate notice to all interested persons;
(2)
Opportunity for hearing by all interested persons; and
(3)
Entry of written findings of fact and conclusions of law.
Every hearing in an administrative proceeding under this chapter shall be public unless the Commissioner grants a request joined in by all the respondents that the hearing be conducted privately.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-29 - Judicial review of Commissioner's orders

(a)
Any person aggrieved by a final order of the Commissioner may obtain a review of the order in a superior court of appropriate jurisdiction by filing in court, within 60 days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review shall be served upon the Commissioner.
(b)
Upon the filing of a petition for review, except where the taking of additional evidence is ordered by the court pursuant to subsection (e) or (f) of this Code section, the court shall have exclusive jurisdiction of the matter, and the Commissioner may not modify or set aside the order, in whole or in part.
(c)
The filing of a petition for review under subsection (a) of this Code section does not, unless specifically ordered by the court, operate as a stay of the Commissioner's order, and the Commissioner may enforce or ask the court to enforce the order pending the outcome of the review proceedings.
(d)
Upon receipt of the petition for review, the Commissioner shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under subsection (d) of Code Section
10-5A-28
, the Commissioner shall certify and file in court the summary order and evidence of its service upon the parties to it and an affidavit certifying that no hearing has been held and that the order became final pursuant to subsection (d) of Code Section
10-5A-28
.
(e)
If either the aggrieved party or the Commissioner applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the Commissioner or other good cause, the court may order the additional evidence to be taken by the Commissioner under such conditions as the court considers proper.
(f)
If new evidence is ordered taken by the court, the Commissioner may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.
(g)
The court shall review the petition based upon the original record before the Commissioner as amended under subsections (e) and (f) of this Code section. The findings of the Commissioner as to the facts, if supported by competent, material, and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce, or set aside the order, in whole or in part.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-30 - Burden of proving exemptions

It shall not be necessary to prove the negative as to any of the exemptions of this chapter in any complaint, information, indictment, writ, or proceeding brought under this chapter; and the burden of proof of any such exemption shall be upon the party claiming the same.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5A - COMMODITIES AND COMMODITY CONTRACTS AND OPTIONS (§§ 10-5A-1 — 10-5A-31) › Article 2 - ENFORCEMENT (§§ 10-5A-20 — 10-5A-31) › Section 10-5A-31 - Criminal penalties for violating chapter; institution of criminal proceedings

(a)
Any person who willfully violates any provision of this chapter shall be guilty of a felony and, upon conviction, shall be fined not more than $50,000.00 or imprisoned for not more than ten years, or both, for each violation.
(b)
The Commissioner may refer such evidence as is available concerning violations of this chapter or any rule or order of the Commissioner to the Attorney General or the proper district attorney, who may, with or without such a reference from the Commissioner, institute the appropriate criminal proceedings under this chapter.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-1 - Legislative findings and intent

(a)
The General Assembly finds that a problem is posed in this state by the increasing use of the telephone in a fraudulent or abusive manner as a means of solicitation in certain currently regulated commercial businesses and professions and that the power and reach of the telephone as a medium for such conduct increases the risk to the legitimate economy of the state.
(b)
The General Assembly declares that the intent of this chapter is to impose sanctions against the fraudulent use of the telephone in certain currently regulated commercial businesses and professions. This chapter shall be construed to further that intent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-2 - Definitions

(a)
As used in this chapter, the term:
(1)
"Charitable contribution" means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term is defined in Code Section
43-17-2
.
(2)
"Control," "controlling," "controlled by," or "under common control with" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(3)
"Executive officer" means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(4)
"Person" means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization.
(5)
"Secretary of State" means the Secretary of State of the State of Georgia.
(6)
"Telephone soliciting business" means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter.
(7)
"Telephone solicitor" or "solicitor" means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph (8) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia.
(8)
"Telephonic sale," "sell telephonically," "telephonic selling," "telephonic offer for sale," or "telephonic solicitation of sale," and "telemarketing" means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (31) of Code Section
10-5-2
, or a solicitation of a charitable contribution, in which:
(A)
The seller solicits the sale or charitable sale or contribution over the telephone;
(B)
The purchaser's agreement to purchase or contribute is made over the telephone; and
(C)
In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.
(b)
The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter.
Amended by 2008 Ga. Laws 528,§ 6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-3 - Rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized

(a)
The Secretary of State shall be authorized to promulgate rules to prohibit deceptive or fraudulent telemarketing activities and other abusive telemarketing activities by persons subject to 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)
Any rules promulgated by the Secretary of State pursuant to subsection (a) of this Code section may include but not be limited to:
(1)
A definition of deceptive telemarketing activities;
(2)
A list of criteria that are symptomatic of deceptive telemarketing as distinguished from ordinary telemarketing business practices;
(3)
A requirement that telemarketers may not undertake a pattern of unsolicited telephone calls which the reasonable consumer would consider coercive or abusive of such consumer's right to privacy;
(4)
A requirement that goods or services offered by telemarketing be shipped or provided within a specified period and that, if the goods or services are not shipped or provided within such period, a refund shall be required; and
(5)
Authority for a person who orders any goods or services through telemarketing to cancel the order within a specified period.
(c)
No rules promulgated pursuant to this Code section shall in any way limit the scope or application of Part 2 of Article 15 of Chapter 1 of this title, the "Fair Business Practices Act of 1975."
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-4 - Required and prohibited telephone conduct and activities; liability

(a)
It shall be unlawful for any person who is jurisdictionally subject to 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," and who makes any telephonic offer to sell or telephonic sale in this state:
(1)
To fail to promptly state clearly the name of the business on whose behalf the call is being made before any sales solicitation can begin and provide a telephone number or address at which the business can be contacted and shall not by electronics block their name and phone number from being identified by caller ID;
(2)
To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter;
(3)
In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud;
(4)
In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person;
(5)
Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect; or
(6)
In connection with a telephonic solicitation of a monetary charitable contribution, to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a monetary contribution from a residence.
(b)
Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner, executive officer, or director of such person culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or telephone solicitor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which culpability is alleged to exist.
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-6 - Criminal and civil penalties; right to punish under other laws not limited

(a)
Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished as described under subparagraph (a)(5)(A) of Code Section
16-8-12
.
(b)
Any person who suffers injury or damages as a result of a violation of this chapter may bring an action and may recover under Code Section
10-1-399
, relating to private rights of action.
(c)
Any person who intentionally targets an elder or disabled person, as defined in Article 31 of Chapter 1 of this title, in a violation of this chapter shall be subject to double the applicable civil and criminal penalties for such violation or offense.
(d)
Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law.
Amended by 2004 Ga. Laws 564, § 10, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-7 - Remedies, duties, prohibitions, and penalties not exclusive; construction with other provisions of the Code

(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."
Amended by 2008 Ga. Laws 528,§ 10, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5B - DECEPTIVE, FRAUDULENT, OR ABUSIVE TELEMARKETING (§§ 10-5B-1 — 10-5B-8) › Section 10-5B-8 - When offer to sell or buy is made in state

For purposes of this chapter, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:
(1)
Originates from this state; or
(2)
Is directed by the offeror to this state and received at the place to which it is directed.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-1 - When agency relationship arises

The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratifies the acts of another in his behalf.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-2 - Formality necessary to create agency

Where the exercise or performance of an agency is by written instrument, the agency shall also be created by written instrument; provided, however, unless a contrary intent is expressly set forth therein, any written instrument creating an agency regardless of the formality of its execution shall conclusively be deemed to authorize the execution of instruments with the formalities necessary or appropriate to accomplish the purposes for which the agency was granted. A corporation may create an agent in its usual mode of transacting business and without its corporate seal. Any deed or other instrument executed under seal pursuant to an agency created by an act not under seal, if not otherwise required to be under seal for its validity, shall be binding upon the principal and valid as if an unsealed instrument.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-3 - Who may be agent

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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-4 - Fiduciary authority to sell and convey property as attorneys in fact

(a)
Personal representatives, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person.
(b)
When a personal representative, guardian, conservator, or trustee exercising the authority conferred by subsection (a) of this Code section appoints an attorney in fact by a power of attorney to which Chapter 6B of this title is applicable under Code Section
10-6B-81
, the exercise of fiduciary powers by such attorney in fact under such power of attorney shall be subject to Code Section
10-6B-40
.
Amended by 2020 Ga. Laws 508,§ 2-8, eff. 1/1/2021.
Amended by 2006 Ga. Laws 766,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-5 - What may be done by agent; delegation of agent's authority

Whatever one may do himself may be done by an agent, except such personal trusts in which special confidence is placed on the skill, discretion, or judgment of the person called in to act; so an agent may not delegate his authority to another unless specially empowered to do so.