reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 6 - DEFAULT (§§ 11-9-601 — 11-9-628) › Subpart 2 - NONCOMPLIANCE WITH ARTICLE (§§ 11-9-625 — 11-9-628) › Section 11-9-627 - Determination of whether conduct was commercially reasonable

(a)
Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness.
The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b)
Dispositions that are commercially reasonable.
A disposition of collateral is made in a commercially reasonable manner if the disposition is made:
(1)
In the usual manner on any recognized market;
(2)
At the price current in any recognized market at the time of the disposition; or
(3)
Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(c)
Approval by court or on behalf of creditors.
A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:
(1)
In a judicial proceeding;
(2)
By a bona fide creditors' committee;
(3)
By a representative of creditors; or
(4)
By an assignee for the benefit of creditors.
(d)
Approval under subsection (c) of this Code section not necessary; absence of approval has no effect.
Approval under subsection (c) of this Code section need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-701 - Effective date

This article takes effect on July 1, 2001.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-702 - Savings clause

(a)
Pre-effective date transactions or liens.
Except as otherwise provided in this part, this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001.
(b)
Continuing validity.
Except as otherwise provided in subsection (c) of this Code section and Code Sections
11-9-703
through
11-9-709
:
(1)
Transactions and liens that were not governed by former Article 9 of this title, were validly entered into or created before July 1, 2001, and would be subject to this article if they had been entered into or created on or after July 1, 2001, and the rights, duties, and interests flowing from those transactions and liens remain valid on or after July 1, 2001; and
(2)
The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law, as amended and in effect from time to time, that otherwise would apply before July 1, 2001.
(c)
Pre-effective date proceedings.
This article and amendments to other Code sections which amendments were enacted in conjunction with this article do not affect an action, case, or proceeding commenced before July 1, 2001.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-703 - Security interest perfected before effective date

(a)
Continuing priority over lien creditor; perfection requirements satisfied.
A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article if, on July 1, 2001, the applicable requirements for enforceability and perfection under this article are satisfied without further action.
(b)
Continuing priority over lien creditor; perfection requirements not satisfied.
Except as otherwise provided in Code Section
11-9-705
, if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this article are not satisfied on July 1, 2001, the security interest:
(1)
Is a perfected security interest on and for one year after July 1, 2001;
(2)
Remains enforceable thereafter only if the security interest becomes enforceable under Code Section
11-9-203
before the year expires; and
(3)
Remains perfected thereafter only if the applicable requirements for perfection under this article are satisfied before the year expires.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-704 - Security interest unperfected before effective date

A security interest that is enforceable immediately before July 1, 2001, but which would be subordinate to the rights of a person that becomes a lien creditor at that time:
(1)
Remains an enforceable security interest on and for one year after July 1, 2001;
(2)
Remains enforceable thereafter if the security interest becomes enforceable under Code Section
11-9-203
on July 1, 2001, or within one year thereafter; and
(3)
Becomes perfected:
(A)
Without further action, on July 1, 2001, if the applicable requirements for perfection under this article are satisfied before or at that time; or
(B)
When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-706 - When initial financing statement suffices to continue effectiveness of financing statement

(a)
Initial financing statement in lieu of continuation statement.
The filing of an initial financing statement in the office specified in Code Section
11-9-501
continues the effectiveness of a financing statement filed before July 1, 2001, if:
(1)
The filing of an initial financing statement in that office would be effective to perfect a security interest under this article;
(2)
The pre-effective date financing statement was filed in an office in another state or another office in this state; and
(3)
The initial financing statement satisfies subsection (c) of this Code section.
(b)
Period of continued effectiveness.
The filing of an initial financing statement under subsection (a) of this Code section continues the effectiveness of the pre-effective date financing statement:
(1)
If the initial financing statement is filed before July 1, 2001, for the period provided in former Code Section
11-9-403
with respect to a financing statement; and
(2)
If the initial financing statement is filed on or after July 1, 2001, for the period provided in Code Section
11-9-515
with respect to an initial financing statement.
(c)
Requirements for initial financing statement under subsection (a) of this Code section.
To be effective for purposes of subsection (a), an initial financing statement must:
(1)
Satisfy the requirements of Part 5 of this article for an initial financing statement;
(2)
Identify the pre-effective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3)
Indicate that the pre-effective date financing statement remains effective.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-707 - Amendment of pre-effective date financing statement

(a)
"Pre-effective date financing statement."
In this Code section, "pre-effective date financing statement" means a financing statement filed before July 1, 2001.
(b)
Applicable law.
On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this article. However, the effectiveness of a pre-effective date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c)
Method of amending: general rule.
Except as otherwise provided in subsection (d) of this Code section, if the law of this state governs perfection of a security interest, the information in a pre-effective date financing statement may be amended on or after July 1, 2001, only if:
(1)
The pre-effective date financing statement and an amendment are filed in the office specified in Code Section
11-9-501
;
(2)
An amendment is filed in the office specified in Code Section
11-9-501
concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection (c) of Code Section
11-9-706
; or
(3)
An initial financing statement that provides the information as amended and satisfies subsection (c) of Code Section
11-9-706
is filed in the office specified in Code Section
11-9-501
.
(d)
Method of amending: continuation.
If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement may be continued only under subsections (d) and (f) of Code Section
11-9-705
or Code Section
11-9-706
.
(e)
Method of amending: additional termination rule.
Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement filed in this state may be terminated on and after July 1, 2001, by filing a termination statement in the office in which the pre-effective date financing statement is filed, unless an initial financing statement that satisfies subsection (c) of Code Section
11-9-706
has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 of this article as the office in which to file a financing statement.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-708 - Persons entitled to file initial financing statement or continuation statement

A person may file an initial financing statement or a continuation statement under this part if:
(1)
The secured party of record authorizes the filing; and
(2)
The filing is necessary under this part:
(A)
To continue the effectiveness of a financing statement filed before July 1, 2001; or
(B)
To perfect or continue the perfection of a security interest.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-709 - Priority

(a)
Law governing priority.
This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Article 9 of this title determines priority.
(b)
Priority if security interest becomes enforceable under Code Section
11-9-203
.
For purposes of subsection (a) of Code Section
11-9-322
, the priority of a security interest that becomes enforceable under Code Section
11-9-203
dates from July 1, 2001, if the security interest is perfected under this article by the filing of a financing statement before July 1, 2001, which would not have been effective to perfect the security interest under former Article 9 of this title. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 7 - 2001 TRANSITION (§§ 11-9-701 — 11-9-710) › Section 11-9-710 - Exculpation

From July 1, 2001, until July 1, 2006, any search company shall not be liable to its customer as a result of failing to disclose the existence of a filed financing statement in any filing office or index maintained by the authority searched in good faith by such search company to the extent such failure is attributable either to the failure of such filing office or the authority, as the case may be, to have properly indexed such filed financing statement or to the failure of the search logic used by such filing office or the authority, as the case may be, to disclose such filed financing statement in response to a search in the appropriate records of such filing office or of such index in the name provided to such search company by its customer. As used in this Code section, "search company" shall mean any person engaged in the business of conducting or arranging searches of public records of filed financing statements. On and after July 1, 2006, the liability of a search company shall be determined by law other than this article.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-802 - Savings clause

(a)
Pre-effective date transactions or liens.
Except as otherwise provided in this part, this article, as in effect on July 1, 2013, applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.
(b)
Pre-effective date proceedings.
This article, as in effect on July 1, 2013, does not affect an action, case, or proceeding commenced before July 1, 2013.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-803 - Security interest perfected before effective date

(a)
Continuing perfection; perfection requirements satisfied.
A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this article, as in effect on July 1, 2013, if, on July 1, 2013, the applicable requirements for attachment and perfection under this article, as in effect on July 1, 2013, are satisfied without further action.
(b)
Continuing perfection; perfection requirements not satisfied.
Except as otherwise provided in Code Section
11-9-805
, if, immediately before July 1, 2013, a security interest is a perfected security interest, but the applicable requirements for perfection under this article, as in effect on July 1, 2013, are not satisfied on July 1, 2013, the security interest remains perfected thereafter only if the applicable requirements for perfection under this article, as in effect on July 1, 2013, are satisfied before July 1, 2014.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-804 - Security interest unperfected before effective date

A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:
(1)
Without further action, on July 1, 2013, if the applicable requirements for perfection under this article, as in effect on July 1, 2013, are satisfied before or at that time; or
(2)
When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-806 - When initial financing statement suffices to continue effectiveness of financing statement

(a)
Initial financing statement in lieu of continuation statement.
The filing of an initial financing statement in the office specified in Code Section
11-9-501
continues the effectiveness of a financing statement filed before July 1, 2013, if:
(1)
The filing of an initial financing statement in that office would be effective to perfect a security interest under this article, as in effect on July 1, 2013;
(2)
The pre-effective date financing statement was filed in an office in another state; and
(3)
The initial financing statement satisfies subsection (c) of this Code section.
(b)
Period of continued effectiveness.
The filing of an initial financing statement under subsection (a) of this Code section continues the effectiveness of the pre-effective date financing statement:
(1)
If the initial financing statement is filed before July 1, 2013, for the period provided in former Code Section
11-9-515
, as in effect prior to July 1, 2013, with respect to an initial financing statement; and
(2)
If the initial financing statement is filed on or after July 1, 2013, for the period provided in Code Section
11-9-515
, as in effect on July 1, 2013, with respect to an initial financing statement.
(c)
Requirements for initial financing statement under subsection (a) of this Code section.
To be effective for purposes of subsection (a) of this Code section, an initial financing statement must:
(1)
Satisfy the requirements of Part 5 of this article, as in effect on July 1, 2013, for an initial financing statement;
(2)
Identify the pre-effective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3)
Indicate that the pre-effective date financing statement remains effective.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-807 - Amendment of pre-effective date financing statement

(a)
"Pre-effective date financing statement."
As used in this Code section, the term "pre-effective date financing statement" means a financing statement filed before July 1, 2013.
(b)
Applicable law.
On or after July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3 of this article, as in effect on July 1, 2013. However, the effectiveness of a pre-effective date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c)
Method of amending: general rule.
Except as otherwise provided in subsection (d) of this Code section, if the law of this state governs perfection of a security interest, the information in a pre-effective date financing statement may be amended on or after July 1, 2013, only if:
(1)
The pre-effective date financing statement and an amendment are filed in the office specified in Code Section
11-9-501
;
(2)
An amendment is filed in the office specified in Code Section
11-9-501
concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection (c) of Code Section
11-9-806
; or
(3)
An initial financing statement that provides the information as amended and satisfies subsection (c) of Code Section
11-9-806
is filed in the office specified in Code Section
11-9-501
.
(d)
Method of amending: continuation.
If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement may be continued only under subsections (c) and (e) of Code Section
11-9-805
or Code Section
11-9-806
.
(e)
Method of amending: additional termination rule.
Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective date financing statement filed in this state may be terminated on or after July 1, 2013, by filing a termination statement in the office in which the pre-effective date financing statement is filed, unless an initial financing statement that satisfies subsection (c) of Code Section
11-9-806
has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 of this article, as in effect on July 1, 2013, as the office in which to file a financing statement.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-808 - Person entitled to file initial financing statement or continuation statement

A person may file an initial financing statement or a continuation statement under this part if:
(1)
The secured party of record authorizes the filing; and
(2)
The filing is necessary under this part:
(A)
To continue the effectiveness of a financing statement filed before July 1, 2013; or
(B)
To perfect or continue the perfection of a security interest.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 8 - 2013 TRANSITION (§§ 11-9-802 — 11-9-809) › Section 11-9-809 - Priority

This article, as in effect on July 1, 2013, determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, the former provisions of this article, as in effect prior to July 1, 2013, determine priority.
Added by 2013 Ga. Laws 223,§ 20, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 10 - DEFAULT (§§ 11-10-101 — 11-10-105) › Section 11-10-101 - Effective date

This title shall become effective at 12:01 A.M. on January 1, 1964. It applies to transactions entered into and events occurring on and after that time and date.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 10 - DEFAULT (§§ 11-10-101 — 11-10-105) › Section 11-10-102 - Provision for transition

Transactions validly entered into before the effective date specified in Code Section
11-10-101
and the rights, duties, and interests flowing from them remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this title as though such repeal or amendment had not occurred.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 10 - DEFAULT (§§ 11-10-101 — 11-10-105) › Section 11-10-103 - Certain Code sections superseded in part

The provisions of the following chapters of the Official Code of Georgia Annotated, as amended, shall yield to and be superseded by any provisions of this title which conflict therewith:
Article 2 of Chapter 14 of Title 44, relating to mortgages.
Article 4 of Chapter 14 of Title 44, relating to mortgages and bills of sale for crops.
Article 3 of Chapter 14 of Title 44, relating to conveyances to secure debt.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 10 - DEFAULT (§§ 11-10-101 — 11-10-105) › Section 11-10-104 - Certain statutory remedies retained

Notwithstanding anything to the contrary stated in any of the following chapters of the Official Code of Georgia Annotated, as amended, the remedies provided by such chapters shall not restrict the remedies otherwise available to a secured party under this title, but all such remedies shall be cumulatively available in accordance with the respective terms to a secured party under this title:
Code Section
44-14-49
, relating to foreclosures in equity.
Subparts 1 and 2 of Part 4 of Article 7 of Chapter 14 of Title 44, relating to applications to foreclose.
Subpart 4
of Part 4 of Article 7 of Chapter 14 of Title 44, relating to the procedure for foreclosure of mortgages on personalty in justices' courts.
Code Sections
44-14-238
through
44-14-241
, relating to the foreclosure of mortgages on personalty before debts become due.
Subpart 3
of Part 4 of Article 7 of Chapter 14 of Title 44, relating to foreclosure of bills of sale to secure debt and conditional sales contracts.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 10 - DEFAULT (§§ 11-10-101 — 11-10-105) › Section 11-10-105 - Laws not repealed

The article on documents of title (Article 7 of this title) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (Code Section
11-1-201
).
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 11 - REVISED ARTICLE 9 AND CONFORMING AMENDMENTS TO OTHER ARTICLES (§§ 11-11-101 — 11-11-104) › Section 11-11-101 - Effective date

This Act shall become effective at 12:01 A.M. on July 1, 1978.
Amended by 2015 Ga. Laws 167,§ 3B-19, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 11 - REVISED ARTICLE 9 AND CONFORMING AMENDMENTS TO OTHER ARTICLES (§§ 11-11-101 — 11-11-104) › Section 11-11-102 - Preservation of old transition provisions

The provisions of Article 10 of this title shall continue to apply to the revised Article 9 of this title.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 11 - REVISED ARTICLE 9 AND CONFORMING AMENDMENTS TO OTHER ARTICLES (§§ 11-11-101 — 11-11-104) › Section 11-11-103 - Transition to revised article

(1)
Transactions validly entered into before July 1, 1978, and the rights, duties, and interests flowing from them remain valid thereafter; and, except as provided in subsection (2) of this Code section, may be terminated, completed, consummated, or enforced as required or permitted by old Article 9 of this title and other statute or other law amended or repealed by this Act as though such repeal or amendment had not occurred.
(2)
Continuation statements with respect to security interests perfected under the old Article 9 of this title shall, after December 31, 1977, be filed in the manner and place specified in the revised Article 9 of this title.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 11 - REVISED ARTICLE 9 AND CONFORMING AMENDMENTS TO OTHER ARTICLES (§§ 11-11-101 — 11-11-104) › Section 11-11-104 - Presumption that rule of law continues unchanged

Unless a change in law has clearly been made, the provisions of the revised Article 9 of this title shall be deemed declaratory of the meaning of the old Article 9 of this title.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 11-12-101 — 11-12-107) › Section 11-12-101 - Short title

This article shall be known and may be cited as the "Uniform Commercial Code - Controllable Electronic Records."
Added by 2024 Ga. Laws 600,§ 3-1, eff. 7/1/2024.
Renumbered as §
11-13-101
by 2024 Ga. Laws 600,§ 2-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 11-12-101 — 11-12-107) › Section 11-12-102 - Definitions

(a)
Article 12 definitions. As used in this article, the term:
(1)
"Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under Code Section 11-12-105. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record.
(2)
"Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
(3)
"Transferable record" has the meaning provided for that term in:
(A)
Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7021(a)(1)
, as amended; or
(B)
Subsection (a) of Code Section
10-12-16
.
(4)
"Value" has the meaning provided in subsection (a) of Code Section
11-3-303
, as if references in that subsection to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible.
(b)
Definitions in Article 9. The definitions in Article 9 of this title of "account debtor," "controllable account," "controllable payment intangible," "chattel paper," "deposit account," "electronic money," and "investment property" apply to this article.
(c)
Article 1 definitions and principles. Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
Added by 2024 Ga. Laws 600,§ 3-1, eff. 7/1/2024.
Renumbered as §
11-13-102
by 2024 Ga. Laws 600,§ 2-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 11-12-101 — 11-12-107) › Section 11-12-103 - Relation to article 9 and consumer laws

(a)
Article 9 of this title governs in case of conflict. If there is conflict between this article and Article 9 of this title, Article 9 of this title governs.
(b)
Applicable consumer law and other laws. A transaction subject to this article is subject to any applicable rule of law that establishes a different rule for consumers and to any other statute or regulation of this state that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit, and to any consumer protection statute or regulation of this state.
Added by 2024 Ga. Laws 600,§ 3-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 11-12-101 — 11-12-107) › Section 11-12-104 - Rights in controllable account, controllable electronic record, and controllable payment intangible

(a)
Applicability of section to controllable account and controllable payment intangible. This Code section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of this Code section of a purchaser and qualifying purchaser, in the same manner this Code section applies to a controllable electronic record.
(b)
Control of controllable account and controllable payment intangible. To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
(c)
Applicability of other law to acquisition of rights. Except as provided in this Code section, law other than this article determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
(d)
Shelter principle and purchase of limited interest. A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
(e)
Rights of qualifying purchaser. A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
(f)
Limitation of rights of qualifying purchaser in other property. Except as provided in subsections (a) and (e) of this Code section for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g)
No-action protection for qualifying purchaser. An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.
(h)
Filing not notice. Filing of a financing statement under Article 9 of this title is not notice of a claim of a property right in a controllable electronic record.
Added by 2024 Ga. Laws 600,§ 3-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 11-12A-101 — 11-12A-102) › Section 11-12A-101 - Title

This article shall be known and may be cited as "Transitional Provisions for Uniform Commercial Code Amendments (2024)."
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 11-12A-101 — 11-12A-102) › Section 11-12A-102 - Definitions

(a)
Article 12A Definitions. In this article:
(1)
"Adjustment date" means July 1, 2025.
(2)
"Article 12" means Article 12 of this title.
(3)
"Article 12 property" means a controllable account, controllable electronic record, or controllable payment intangible.
(b)
Definitions in other articles. The following definitions in other articles of this title apply to this article:
"Controllable account." Code Section
11-9-102
.
"Controllable electronic record." Code Section
11-12-102
.
"Controllable payment intangible." Code Section
11-9-102
.
"Electronic money." Code Section
11-9-102
.
"Financing statement." Code Section
11-9-102
.
(c)
Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 2 - GENERAL TRANSITIONAL PROVISIONS (§ 11-12A-201) › Section 11-12A-201 - Saving clause

Except as provided in Part 3 of this article, a transaction validly entered into before July 1, 2024, and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than this title or, if applicable, this title, as though the Uniform Commercial Code Modernization Act of 2024 had not taken effect.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 (§§ 11-12A-301 — 11-12A-306) › Section 11-12A-301 - Saving clause

(a)
Pre-effective date transaction, lien, or interest. Except as provided in this part, Article 9 of this title as amended by the Uniform Commercial Code Modernization Act of 2024 and Article 12 of this title apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before July 1, 2024.
(b)
Continuing validity. Except as provided in subsection (c) of this Code section and Code Sections 11-12A-302 through 11-12A-306:
(1)
A transaction, lien, or interest in property that was validly entered into, created, or transferred before July 1, 2024, and was not governed by this title, but would be subject to Article 9 of this title as amended by the Uniform Commercial Code Modernization Act of 2024 or Article 12 of this title if it had been entered into, created, or transferred on or after July 1, 2024, including the rights, duties, and interests flowing from the transaction, lien, or interest, remains valid on and after July 1, 2024; and
(2)
The transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by the Uniform Commercial Code Modernization Act of 2024 or by the law that would apply if the Uniform Commercial Code Modernization Act of 2024 had not taken effect.
(c)
Pre-effective date proceeding. The Uniform Commercial Code Modernization Act of 2024 does not affect an action, case, or proceeding commenced before July 1, 2024.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 (§§ 11-12A-301 — 11-12A-306) › Section 11-12A-302 - Security interest perfected before effective date

(a)
Continuing perfection: perfection requirements satisfied. A security interest that is enforceable and perfected immediately before July 1, 2024, is a perfected security interest under the Uniform Commercial Code Modernization Act of 2024, if, on July 1, 2024, the requirements for enforceability and perfection under the Uniform Commercial Code Modernization Act of 2024 are satisfied without further action.
(b)
Continuing perfection: enforceability or perfection requirements not satisfied. If a security interest is enforceable and perfected immediately before July 1, 2024, but the requirements for enforceability or perfection under the Uniform Commercial Code Modernization Act of 2024 are not satisfied on July 1, 2024, the security interest:
(1)
Is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before July 1, 2024, or the adjustment date;
(2)
Remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under Code Section
11-9-203
, as amended by the Uniform Commercial Code Modernization Act of 2024, before the adjustment date; and
(3)
Remains perfected thereafter only if the requirements for perfection under the Uniform Commercial Code Modernization Act of 2024 are satisfied before the time specified in paragraph (1) of this subsection.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 (§§ 11-12A-301 — 11-12A-306) › Section 11-12A-303 - Security interest unperfected before effective date

A security interest that is enforceable immediately before July 1, 2024, but is unperfected at that time:
(1)
Remains an enforceable security interest until the adjustment date;
(2)
Remains enforceable thereafter if the security interest becomes enforceable under Code Section
11-9-203
, as amended by the Uniform Commercial Code Modernization Act of 2024, on July 1, 2024, or before the adjustment date; and
(3)
Becomes perfected:
(A)
Without further action, on July 1, 2024, if the requirements for perfection under the Uniform Commercial Code Modernization Act of 2024 are satisfied before or at that time; or
(B)
When the requirements for perfection are satisfied if the requirements are satisfied after that time.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 (§§ 11-12A-301 — 11-12A-306) › Section 11-12A-304 - Effectiveness of actions taken before effective date

(a)
Pre-effective date action; attachment and perfection before adjustment date. If action, other than the filing of a financing statement, is taken before July 1, 2024, and the action would have resulted in perfection of the security interest had the security interest become enforceable before July 1, 2024, the action is effective to perfect a security interest that attaches under the Uniform Commercial Code Modernization Act of 2024 before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under the Uniform Commercial Code Modernization Act of 2024 before the adjustment date.
(b)
Pre-effective date filing. The filing of a financing statement before July 1, 2024, is effective to perfect a security interest on July 1, 2024, to the extent the filing would satisfy the requirements for perfection under the Uniform Commercial Code Modernization Act of 2024.
(c)
Pre-effective date enforceability action. The taking of an action before July 1, 2024, is sufficient for the enforceability of a security interest on July 1, 2024, if the action would satisfy the requirements for enforceability under the Uniform Commercial Code Modernization Act of 2024.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 (§§ 11-12A-301 — 11-12A-306) › Section 11-12A-305 - Priority

(a)
Determination of priority. Subject to subsections (b) and (c) of this Code section, the Uniform Commercial Code Modernization Act of 2024 determines the priority of conflicting claims to collateral.
(b)
Established priorities. Subject to subsection (c) of this Code section, if the priorities of claims to collateral were established before July 1, 2024, Article 9 of this title as in effect before July 1, 2024, determines priority.
(c)
Determination of certain priorities on adjustment date. On the adjustment date, to the extent the priorities determined by Article 9 of this title as amended by the Uniform Commercial Code Modernization Act of 2024 modify the priorities established before July 1, 2024, the priorities of claims to Article 12 property and electronic money established before July 1, 2024, cease to apply.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 (§§ 11-12A-301 — 11-12A-306) › Section 11-12A-306 - Priority of claims when priority rules of article 9 of this title do not apply

(a)
Determination of priority. Subject to subsections (b) and (c) of this Code section, Article 12 of this title determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9 of this title as amended by the Uniform Commercial Code Modernization Act of 2024 do not apply.
(b)
Established priorities. Subject to subsection (c) of this Code section, when the priority rules of Article 9 of this title as amended by the Uniform Commercial Code Modernization Act of 2024 do not apply and the priorities of claims to Article 12 property were established before July 1, 2024, law other than Article 12 of this title determines priority.
(c)
Determination of certain priorities on adjustment date. When the priority rules of Article 9 of this title as amended by the Uniform Commercial Code Modernization Act of 2024 do not apply, to the extent the priorities determined by the Uniform Commercial Code Modernization Act of 2024 modify the priorities established before July 1, 2024, the priorities of claims to Article 12 property established before July 1, 2024, cease to apply on the adjustment date.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 12A - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (§§ 11-12A-101 — 11-12A-401) › Part 4 - EFFECTIVE DATE (§ 11-12A-401) › Section 11-12A-401 - Effective date

The Uniform Commercial Code Modernization Act of 2024 takes effect on July 1, 2024.
Added by 2024 Ga. Laws 600,§ 4-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 13 - REVISIONS TO ARTICLE 9 FILING (§§ 11-13-101 — 11-13-102) › Section 11-13-101 - Effective date

This article shall become effective at 12:01 A.M. on January 1, 1995.
Renumbered from §
11-12-101
by 2024 Ga. Laws 600,§ 2-1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 1 - GENERAL PROVISIONS (§§ 12-1-1 — 12-1-2) › Section 12-1-1 - "Department" defined

As used in this title, the term "department" means the Department of Natural Resources.
2023 CODE OF GEORGIA › Title 12 - CONSERVATION AND NATURAL RESOURCES (§§ 12-1-1 — 12-17-6) › Chapter 1 - GENERAL PROVISIONS (§§ 12-1-1 — 12-1-2) › Section 12-1-2 - References to administrative law judge or hearing officer; references to final decision of Board of Natural Resources; filing request for administrative review

(a)
Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50.
(b)
Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge.
(c)
Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed.