reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-9 - Amendment of registration application; state audit of records; change of ownership

(a)
A registration application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original application under Code Section
10-14-4
or
10-14-5
.
(b)
Every applicant registered pursuant to Code Section
10-14-4
or
10-14-5
shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this chapter.
(c)
When any cemetery or preneed dealer registered under Code Section
10-14-4
is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.
(1)
Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.
(2)
When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section
10-14-4
. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-10 - Minimum acreage for cemeteries; exceptions

(a)
Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land.
(b)
The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section:
(1)
All cemeteries registered according to this chapter prior to August 1, 1986; or
(2)
Cemeteries initially registered on or after August 1, 1986, but before July 1, 1998, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.
(c)
The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.
Amended by 2006 Ga. Laws 944,§ 4, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-12 - Separate accounts and records; owner acting as trustee; bond; removal of trustee or escrow agent; allocation of funds; financial reports

(a)
Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section
10-14-4
shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.
(b)
Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this chapter and the rules and regulations promulgated under this chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.
(c)
A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State.
(d)
The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.
(e)
The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.
(f)
A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section
10-14-19
or by other means provided by the laws of this state.
(g)
Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form prescribed by the Secretary of State.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-13 - Venue for civil or 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 cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-14 - Administration of chapter; rules and regulations

(a)
The administration of the provisions of this chapter shall be vested in the Secretary of State.
(b)
The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which records shall be open at all times for public inspection.
(c)
The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this chapter.
(d)
The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case in which there is a 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.
(e)
The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.
Amended by 2006 Ga. Laws 944,§ 5, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-20 - Criminal penalties

(a)
Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b)
Any person who shall willfully violate Code Section
10-14-17
, Code Section
10-14-18
, or any provision of this chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000.00 or imprisonment for not less than one and not more than five years, or both.
(c)
Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-21 - Purchaser's remedy for violations

(a)
Any person who violates any provision of subsection (a) of Code Section
10-14-17
shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs.
(b)
In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.
(c)
No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.
(d)
Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.
(e)
Nothing in this chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of a burial lot, burial right, burial merchandise, or burial services.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-22 - Judicial appeal of order of Secretary of State

(a)
(1)
An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section
10-14-23
by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a copy of the petition for review filed in the Superior Court of Fulton County and signed by the petitioner, stating:
(A)
The order from which the appeal is taken;
(B)
The ground upon which a reversal or modification of such order is sought; and
(C)
A demand for a certified transcript of the record of such order.
(2)
The proceedings on the petition for review shall be governed by Chapter 3 of Title 5 except as provided in this Code section.
(b)
Upon receipt of such petition for review, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the clerk of the Superior Court of Fulton County a transcript of the record of the order from which the appeal is taken, provided that the petitioner shall pay the reasonable costs of such transcript. Said petition for review and transcript of the record shall constitute petitioner's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.
(c)
If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.
Amended by 2022 Ga. Laws 875,§ 2-4, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-24 - Effect of consent to service of process

When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of burial lots, burial rights, burial services, or burial merchandise in violation of this chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail or statutory overnight delivery to the person against whom such process or pleadings are directed at such person's latest address on file in the office of the Secretary of State.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-25 - Waiver of rights or defenses in cemetery purchase agreements void

Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive:
(1)
Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter;
(2)
Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or
(3)
Any defenses arising under this chapter or under the rules and regulations promulgated under this chapter
shall be void.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-26 - Secretary of State immune from liability

For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-27 - [Repealed] Evidence in civil or criminal actions under chapter

Repealed by 2011 Ga. Laws 52,§ 18, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-28 - Actions pending under prior law

(a)
Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 2000.
(b)
All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this chapter but are governed by prior law.
(c)
Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 2000, are governed by Code Section
10-14-22
, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 2000.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 14 - GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000 (§§ 10-14-1 — 10-14-30) › Section 10-14-30 - Adoption of minimum standards by Secretary of State

The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 15 - PAYMENT CARD PERSONAL INFORMATION (§§ 10-15-1 — 10-15-7) › Section 10-15-2 - Disposal of business records containing personal information

A business may not discard a record containing personal information unless it:
(1)
Shreds the customer's record before discarding the record;
(2)
Erases the personal information contained in the customer's record before discarding the record;
(3)
Modifies the customer's record to make the personal information unreadable before discarding the record; or
(4)
Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the customer's record for the period between the record's disposal and the record's destruction.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 15 - PAYMENT CARD PERSONAL INFORMATION (§§ 10-15-1 — 10-15-7) › Section 10-15-3 - Handling of receipts for credit card transactions

(a)
A merchant who accepts a payment card for the transaction of business shall not print more than five digits of the payment card's account number or print the payment card's expiration date on a receipt provided to the cardholder. This subsection applies only to receipts described in subsection (b) of this Code section and does not apply to a transaction in which the sole means of recording the payment card's account number or expiration date is by handwriting or by an imprint or copy of the payment card.
(b)
(1)
Effective July 1, 2004, subsection (a) of this Code section applies to receipts that are electronically transferred by a payment card processor and printed using a cash register or other machine or device that is first used on or after July 1, 2004.
(2)
Effective July 1, 2006, subsection (a) of this Code section applies to all receipts that are electronically transferred by a payment card processor and printed, including those printed using a cash register or other machine or device that is first used before July 1, 2004.
Amended by 2003 Ga. Laws 78, § 2, eff. 7/1/2003.
Amended by 2003 Ga. Laws 9, § 10, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 15 - PAYMENT CARD PERSONAL INFORMATION (§§ 10-15-1 — 10-15-7) › Section 10-15-4 - Prohibited activities involving magnetic strip or stripe on payment card

(a)
No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
(b)
No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
Amended by 2003 Ga. Laws 78, § 2, eff. 7/1/2003.
Amended by 2003 Ga. Laws 9, § 10, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 15 - PAYMENT CARD PERSONAL INFORMATION (§§ 10-15-1 — 10-15-7) › Section 10-15-5 - Enforcement; investigation of violations

(a)
The Attorney General shall be authorized to enforce the provisions of this chapter.
(b)
The Attorney General shall have the authority to investigate alleged violations of this chapter, including all investigative powers available under the "Fair Business Practices Act of 1975," Code Section
10-1-390
, et seq., including, but not limited to, the power to issue investigative demands and subpoenas as provided in Code Sections
10-1-403
and
10-1-404
.
(c)
Nothing contained in this Code section precludes law enforcement or prosecutorial agencies from investigating violations of Code Section
10-15-4
.
Amended by 2015 Ga. Laws 187,§ 11, eff. 7/1/2015.
Added by 2003 Ga. Laws 78, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 15 - PAYMENT CARD PERSONAL INFORMATION (§§ 10-15-1 — 10-15-7) › Section 10-15-6 - Penalty; hearing; effect of judgment

(a)
If the Attorney General determines, after notice and hearing, that a business has violated Code Section
10-15-2
, the Attorney General may issue an administrative order imposing a penalty of not more than $500.00 for each customer's record that contains personal information that is wrongfully disposed of or discarded; provided, however, that in no event shall the total fine levied by the Attorney General exceed $10,000.00. It shall be an affirmative defense to the wrongful disposing of or discarding of a customer's record that contains personal information if the business can show that it used due diligence in its attempt to properly dispose of or discard such records.
(b)
If the Attorney General determines, after notice and hearing, that a business has violated Code Section
10-15-3
, the Attorney General may issue an administrative order imposing a penalty of not more than $250.00 for the first violation of Code Section
10-15-3
, and a penalty of $1,000.00 for a second or subsequent violation of Code Section
10-15-3
.
(c)
The hearing and any administrative review in connection with alleged violations of Code Section
10-15-2
or
10-15-3
shall be conducted in accordance with the procedure for contested cases pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Attorney General shall have the right of judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(d)
The Attorney General may file in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, a certified copy of or the final order of the Attorney General, whether or not the order was appealed. Thereafter the court shall render a judgment in accordance with the order and notify the parties. The judgment shall have the same effect as a judgment rendered by the court.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2015 Ga. Laws 187,§ 11, eff. 7/1/2015.
Amended by 2005 Ga. Laws 10,§ 10, eff. 4/7/2005.
Added by 2003 Ga. Laws 78, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 15 - PAYMENT CARD PERSONAL INFORMATION (§§ 10-15-1 — 10-15-7) › Section 10-15-7 - Penalty; authority to prosecute

(a)
A violation of Code Section
10-15-4
shall be punishable by imprisonment for not less than one nor more than three years or a fine not to exceed $10,000.00, or both. Any person who commits a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than ten years or a fine not to exceed $50,000.00, or both.
(b)
Any person found guilty of a violation of this chapter may be ordered by the court to make restitution to any consumer victim or any business victim of the fraud.
(c)
Each violation of this chapter shall constitute a separate offense.
(d)
The Attorney General and prosecuting attorneys shall have the authority to conduct the prosecution for a violation of Code Section
10-15-4
.
(e)
Upon a violation of this chapter, the court may issue any order necessary to correct a public record that contains false information resulting from the actions which resulted in the violation.
Added by 2003 Ga. Laws 78, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-101 - Short titles

(a)
This Title 11 shall be known as and may be cited as the "Uniform Commercial Code."
(b)
This article shall be known as and may be cited as the "Uniform Commercial Code - General Provisions."
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-102 - Scope of article

This article shall apply to a transaction to the extent that it is governed by another article of this title.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-103 - Rules of construction to promote purposes and policies; applicability of supplemental principles of law

(a)
This title shall be liberally construed and applied to promote its underlying purposes and policies which are:
(1)
To simplify, clarify, and modernize the law governing commercial transactions;
(2)
To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and
(3)
To make uniform the law among the various jurisdictions.
(b)
Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause shall supplement its provisions.
Renumbered from §
11-1-102
and amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-104 - Construction against implicit repeal

This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-105 - Severability

If any provision or clause of this title or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
Amended by 2001 Ga. Laws 191, § 2, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-106 - Use of singular and plural; gender

In this title unless the statutory context otherwise requires:
(1)
Words in the singular number include the plural, and words in the plural include the singular; and
(2)
Words of any gender also refer to any other gender.
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-107 - Section captions

Section captions are parts of this title.
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-108) › Section 11-1-108 - Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but shall not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 11-1-201 — 11-1-207) › Section 11-1-202 - Notice; knowledge

(a)
Subject to subsection (f) of this Code section, a person has "notice" of a fact if the person:
(1)
Has actual knowledge of it;
(2)
Has received a notice or notification of it; or
(3)
From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b)
"Knows" or "knowledge" means actual knowledge.
(c)
"Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.
(d)
A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it.
(e)
Subject to subsection (f) of this Code section, a person "receives" a notice or notification when:
(1)
It comes to that person's attention; or
(2)
It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f)
Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Amended by 2016 Ga. Laws 625,§ 11, eff. 5/3/2016.
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 11-1-201 — 11-1-207) › Section 11-1-204 - Value

Except as otherwise provided in Articles 3, 4, 5, and 12 of this title, a person gives value for rights if the person acquires them:
(1)
In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2)
As security for, or in total or partial satisfaction of, a preexisting claim;
(3)
By accepting delivery under a preexisting contract for purchase; or
(4)
In return for any consideration sufficient to support a simple contract.
Amended by 2024 Ga. Laws 600,§ 5-3, eff. 7/1/2024.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 11-1-201 — 11-1-207) › Section 11-1-205 - Reasonable time; seasonableness

(a)
Whether a time for taking any action required by this title is reasonable depends on the nature, purpose, and circumstances of such action.
(b)
An action is taken "seasonably" if it is taken at or within the time agreed, or if no time is agreed, at or within a reasonable time.
Renumbered from §
11-1-204
and amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
Repealed by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 2 - GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION (§§ 11-1-201 — 11-1-207) › Section 11-1-206 - Presumptions

Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence.
Amended by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-301 - Territorial applicability; parties' power to choose applicable law

(a)
Except as otherwise provided in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
(b)
In the absence of an agreement under subsection (a) of this Code section, and except as provided in subsection (c) of this Code section, this title applies to transactions bearing an appropriate relation to this state.
(c)
If one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:
(1)
Code Section
11-2-402
;
(2)
Code Sections
11-2A-105
and
11-2A-106
;
(3)
Code Section
11-4-102
;
(4)
Code Section
11-4A-507
;
(5)
Code Section
11-5-116
;
(6)
Reserved;
(7)
Code Section
11-8-110
;
(8)
Code Sections
11-9-301
through
11-9-307
; or
(9)
Code Section 11-12-107.
Amended by 2024 Ga. Laws 600,§ 5-4, eff. 7/1/2024.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-302 - Variation by agreement

(a)
Except as otherwise provided in subsection (b) of this Code section or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b)
The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c)
The presence in certain provisions of this title of the phrase "unless otherwise agreed" or words of similar import does not imply that the effect of other provisions may not be varied by agreement under this Code section.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-303 - Course of performance, course of dealing, and usage of trade

(a)
A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1)
The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and
(2)
The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b)
A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c)
A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage must be proved as facts. If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d)
A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e)
Except as otherwise provided in subsection (f) of this Code section, the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:
(1)
Express terms prevail over course of performance, course of dealing, and usage of trade;
(2)
Course of performance prevails over course of dealing and usage of trade; and
(3)
Course of dealing prevails over usage of trade.
(f)
Subject to Code Sections 11-2-209 and 11-2A-208, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g)
Evidence of a relevant usage of trade offered by one party shall not be admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
Amended by 2024 Ga. Laws 600,§ 5-5, eff. 7/1/2024.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-304 - Obligation of good faith

Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-305 - Remedies to be liberally administered

(a)
The remedies provided by this title shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law.
(b)
Any right or obligation declared by this title shall be enforceable by action unless the provision declaring it specifies a different and limited effect.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-306 - Waiver or renunciation of claim or right after breach

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record.
Amended by 2024 Ga. Laws 600,§ 6-1, eff. 7/1/2024.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-307 - Prima-facie evidence by third party documents

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima-facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-308 - Performance or acceptance under reservation of rights

(a)
A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.
(b)
Subsection (a) of this Code section shall not apply to an accord and satisfaction.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-309 - Option to accelerate at will

A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure" or words of similar import shall be construed to mean that the party shall have power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 1 - GENERAL PROVISIONS (§§ 11-1-101 — 11-1-310) › Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES (§§ 11-1-301 — 11-1-310) › Section 11-1-310 - Subordinated obligations

An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Such a subordination does not create a security interest as against either the common debtor or a subordinated creditor.
Added by 2015 Ga. Laws 167,§ 3A-1, eff. 1/1/2016.
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 2 - SALES (§§ 11-2-101 — 11-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 11-2-101 — 11-2-107) › Section 11-2-101 - Short title

This article shall be known and may be cited as "Uniform Commercial Code - Sales."
2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 2 - SALES (§§ 11-2-101 — 11-2-725) › Part 1 - SHORT TITLE, GENERAL CONSTRUCTION, AND SUBJECT MATTER (§§ 11-2-101 — 11-2-107) › Section 11-2-102 - Scope; certain security and other transactions excluded from this article

(1)
Unless the context otherwise requires, and except as provided in subsection (3) of this Code section, this article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2) of this Code section.
(2)
In a hybrid transaction:
(a)
If the sale-of-goods aspects do not predominate, only the provisions of this article which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply.
(b)
If the sale-of-goods aspects predominate, this article applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction which do not relate to the sale of goods.
(3)
This article does not:
(a)
Apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or
(b)
Impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.
Amended by 2024 Ga. Laws 600,§ 5-6, eff. 7/1/2024.