reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-212 - Lien of owner of self-service storage facility upon property located at facility; priority; attachment

The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, fees for the late payment of rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to the date of the rental agreement in Georgia in the name of the occupant, either in the county of the occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility.
Amended by 2019 Ga. Laws 258,§ 2, eff. 7/1/2019.
Amended by 2013 Ga. Laws 172,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-214 - Compliance with Servicemembers Civil Relief Act; additional rights, duties, and obligations not impaired; rights under article additional

If the rental agreement is with a service member, the owner shall comply with all terms of the Servicemembers Civil Relief Act,
50 U.S.C. Section 3901
et seq. Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his or her debtor.
Amended by 2019 Ga. Laws 39,§ 1, eff. 7/1/2019.
Amended by 2013 Ga. Laws 172,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-215 - Rental agreements entered into before July 1, 2013, not affected

All rental agreements entered into before July 1, 2013, and not extended or renewed after that date and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.
Amended by 2013 Ga. Laws 172,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-216 - Self-service storage facility not residence; no application of public bonded warehouseman provisions

(a)
No occupant shall use a self-service storage facility for residential purposes.
(b)
The provisions of law relative to bonded public warehousemen shall not apply to any owner of a self-service storage facility.
Added by 2019 Ga. Laws 258,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-217 - Late penalty; calculations; application

(a)
Pursuant to the terms of a rental agreement, an owner may charge and collect a fee from an occupant for the late payment of rent that is to be paid under a rental agreement. Such fee shall be no more than $20.00 per month for each month there is a late payment of rent or 20 percent of the monthly rent for each month there is a late payment of rent, whichever is greater.
(b)
This Code section shall only apply to rental agreements entered into, extended, or renewed, and the late payment of rent occurring, on or after July 1, 2019.
Added by 2019 Ga. Laws 258,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 4 - WAREHOUSEMEN (§§ 10-4-1 — 10-4-218) › Article 5 - SELF-SERVICE STORAGE FACILITIES (§§ 10-4-210 — 10-4-218) › Section 10-4-218 - [Deemed acceptance of rental agreement for storage space; notice of termination or nonrenewal of rental agreement; removal of personal property after notice]

(a)
If within 14 days of the delivery of a written rental agreement by hand delivery or verified mail by the owner to the occupant the occupant fails to sign such rental agreement, the occupant's continued use of the storage space shall be deemed an acceptance of the rental agreement and such rental agreement shall be enforceable against the occupant as if it had been signed by the occupant, provided said agreement states in bold type no smaller than 12 point font: 'THE OCCUPANT'S CONTINUED USE OF THE STORAGE SPACE SHALL BE DEEMED AN ACCEPTANCE OF THE RENTAL AGREEMENT AND SUCH RENTAL AGREEMENT SHALL BE ENFORCEABLE AGAINST THE OCCUPANT AS IF IT HAD BEEN SIGNED BY THE OCCUPANT'.
(b)
An occupant shall not use a self-service storage facility after the owner has delivered written notice by hand delivery or verified mail of the termination or nonrenewal of the occupant's rental agreement. Such notice shall provide the occupant with not less than 14 days after delivery of such notice to remove all personal property from the self-service storage facility.
(c)
Prior to the occupant's removal of all personal property from a self-service storage facility pursuant to subsection (b) of this Code section, the owner may place reasonable restrictions on the occupant's use of the self-service storage facility, including denying access to the self-service storage facility except for the occupant to remove personal property during the owner's normal business hours. The owner may dispose of any personal property remaining at the self-service storage facility after the date provided in the written notice pursuant to subsection (b) of this Code section.
Added by 2024 Ga. Laws 577,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-1 - Short title

This chapter shall be known and may be cited as the "Georgia Uniform Securities Act of 2008."
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-3 - Citations to United States Code

Any citation in this chapter to a section of the United States Code includes those statutes and the rules and regulations adopted under those statutes as in effect on July 1, 2009, or as later amended.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-4 - Reference to agency or department of United States

A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-5 - Electronic records and signatures

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but does 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)
. This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with Section 104(a) of that act,
15 U.S.C. Section 7004(a)
.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-6 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-7 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-8 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 804, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 1 - GENERAL PROVISIONS (§§ 10-5-1 — 10-5-9) › Section 10-5-9 - [Repealed] Exempt Transactions

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-12 - Exemption of securities, transactions, or offers by adoption of rule or issuance of order

A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule adopted under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of Article 3 of this chapter and Code Section
10-5-53
; and an order issued under this chapter may waive, in whole or in part, any or all of the conditions for an exemption or offer under Code Sections
10-5-10
and
10-5-11
.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 804, § 4, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-13 - Denial, suspension, or revocation of exemption

(a)
Except with respect to a federal covered security or a transaction involving a federal covered security, an order issued under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under subparagraph (C) of paragraph (3) or paragraph (7) or (8) of Code Section
10-5-10
or under Code Section
10-5-11
or an exemption or waiver created under Code Section
10-5-12
with respect to a specific security, transaction, or offer. An order issued under this Code section may be issued only pursuant to the procedures in subsection (d) of Code Section
10-5-25
or
10-5-73
and only prospectively.
(b)
A person does not violate Code Section
10-5-20
,
10-5-22
through
10-5-25
,
10-5-53
, or
10-5-59
by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-14 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-15 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-16 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-17 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-18 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 2 - EXEMPTIONS (§§ 10-5-10 — 10-5-19) › Section 10-5-19 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 3 - SALES OF SECURITIES (§§ 10-5-20 — 10-5-26) › Section 10-5-20 - Restrictions on sales of securities

It is unlawful for a person to offer or sell a security in this state unless:
(1)
The security is a federal covered security;
(2)
The security, transaction, or offer is exempted from registration under Code Sections
10-5-10
through
10-5-12
; or
(3)
The security is registered under this chapter.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 3 - SALES OF SECURITIES (§§ 10-5-20 — 10-5-26) › Section 10-5-23.1 - [Repealed]

Repealed by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 3 - SALES OF SECURITIES (§§ 10-5-20 — 10-5-26) › Section 10-5-26 - Waiver or modification of requirements by Commissioner

The Commissioner may waive or modify, in whole or in part, any or all of the requirements of Code Sections
10-5-21
,
10-5-22
, and subsection (b) of Code Section
10-5-23
or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to subsection (i) of Code Section
10-5-24
.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 4 - BUSINESS TRANSACTION REQUIREMENTS (§§ 10-5-30 — 10-5-41) › Section 10-5-32 - Registration requirements for investment advisors; exemptions

(a)
It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b) of this Code section.
(b)
The following persons are exempt from the registration requirement of subsection (a) of this Code section:
(1)
A person without a place of business in this state that is registered under the securities act of the state in which the person has its principal place of business if its only clients in this state are:
(A)
Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter;
(B)
Institutional investors;
(C)
Bona fide preexisting clients whose principal places of residence are not in this state if the investment adviser is registered under the securities act of the state in which the clients maintain principal places of residence; or
(D)
Any other client exempted by rule adopted or order issued under this chapter;
(2)
A person without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; or
(3)
Any other person exempted by rule adopted or order issued under this chapter.
(c)
It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser.
(d)
It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this state on behalf of the investment adviser unless the individual is registered under subsection (a) of Code Section
10-5-33
or is exempt from registration under subsection (b) of Code Section
10-5-33
.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 4 - BUSINESS TRANSACTION REQUIREMENTS (§§ 10-5-30 — 10-5-41) › Section 10-5-34 - Registration requirements for federal covered investment advisers

(a)
Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c) of this Code section.
(b)
The following federal covered investment advisers are not required to comply with subsection (c) of this Code section:
(1)
A federal covered investment adviser without a place of business in this state if its only clients in this state are:
(A)
Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter;
(B)
Institutional investors;
(C)
Bona fide preexisting clients whose principal places of residence are not in this state; or
(D)
Other clients specified by rule adopted or order issued under this chapter;
(2)
A federal covered investment adviser without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; and
(3)
Any other person excluded by rule adopted or order issued under this chapter.
(c)
A person acting as a federal covered investment adviser, not excluded under subsection (b) of this Code section, shall file a notice, a consent to service of process complying with Code Section
10-5-80
and such records as have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940,
15 U.S.C. Section 80b-1
, et seq., required by rule adopted or order issued under this chapter and pay the fees specified in subsection (e) of Code Section
10-5-39
.
(d)
The notice under subsection (c) of this Code section becomes effective upon its filing.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 4 - BUSINESS TRANSACTION REQUIREMENTS (§§ 10-5-30 — 10-5-41) › Section 10-5-36 - Change of name; change of control

(a)
A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser by filing as a successor an application for registration pursuant to Code Section
10-5-30
or
10-5-32
or a notice pursuant to Code Section
10-5-34
for the unexpired portion of the current registration or notice filing.
(b)
A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within 45 days after filing its amendment to effect succession.
(c)
A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective when filed or on a date designated by the registrant.
(d)
A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 4 - BUSINESS TRANSACTION REQUIREMENTS (§§ 10-5-30 — 10-5-41) › Section 10-5-38 - Withdrawal of registration

Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The Commissioner may institute a revocation or suspension proceeding under Code Section
10-5-41
within one year after the withdrawal became effective automatically and issue a revocation or suspension order as of the last date on which registration was effective if a proceeding is not pending.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 4 - BUSINESS TRANSACTION REQUIREMENTS (§§ 10-5-30 — 10-5-41) › Section 10-5-39 - Fees

(a)
A person shall pay a fee of $250.00 when initially filing an application for registration as a broker-dealer and a fee of $100.00 when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee.
(b)
The fee for an individual is $50.00 when filing an application for registration as an agent, $40.00 when filing a renewal of registration as an agent, and $30.00 when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee.
(c)
A person shall pay a fee of $250.00 when filing an application for registration as an investment adviser and a fee of $100.00 when filing a renewal of registration as an investment adviser. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee.
(d)
The fee for an individual is $250.00 when filing an application for registration as an investment adviser representative, a fee of $100.00 when filing a renewal of registration as an investment adviser representative, and a fee of $50.00 when filing a change of registration as an investment adviser representative. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee.
(e)
A federal covered investment adviser required to file a notice under Code Section
10-5-34
shall pay an initial fee of $250.00 and an annual notice fee of $100.00.
(f)
A person required to pay a filing or notice fee under this Code section may transmit the fee through or to a designee as a rule adopted or order issued provides under this chapter.
(g)
An investment adviser representative who is registered as an agent under Code Section
10-5-31
and who represents a person that is both registered as a broker-dealer under Code Section
10-5-30
and registered as an investment adviser under Code Section
10-5-32
or required as a federal covered investment adviser to make a notice filing under Code Section
10-5-34
is not required to pay an initial or annual registration fee for registration as an investment adviser representative.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-50 - Unlawful practices with offer, sale, or purchase of security

It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly:
(1)
To employ a device, scheme, or artifice to defraud;
(2)
To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading; or
(3)
To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-51 - Fraud or deceit unlawful; adoption of rule

(a)
It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities:
(1)
To employ a device, scheme, or artifice to defraud another person; or
(2)
To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
(b)
A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative.
(c)
A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-52 - Civil and criminal proceedings

(a)
In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.
(b)
In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-53 - Order or rule may require filing of prospectus and additional information

(a)
Except as otherwise provided in subsection (b) of this Code section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter.
(b)
This Code section does not apply to sales and advertising literature specified in subsection (a) of this Code section which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by Code Sections
10-5-10
through
10-5-12
, except as required pursuant to paragraph (7) of Code Section
10-5-10
.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-54 - Unlawful to make false or misleading statements

It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-55 - Filing under this chapter does not constitute a finding by Commissioner that records are accurate or upon the merits or qualifications of any person

The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Commissioner that a record filed under this chapter is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the Commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this Code section.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-56 - Liability for defamation related to information contained in record

A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the Commissioner, or a designee of the Commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 5 - PROHIBITED ACTS (§§ 10-5-50 — 10-5-59) › Section 10-5-57 - Penalties for violations

(a)
A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section
10-5-53
or the notice filing requirements of Code Section
10-5-21
or
10-5-34
, or that willfully violates Code Section
10-5-54
knowing the statement made to be false or misleading in a material respect, upon conviction, shall be fined not more than $500,000.00 or imprisoned not more than five years, or both. An individual convicted of violating a rule adopted or order issued under this chapter may be fined but may not be imprisoned if the individual did not have knowledge of the rule or order.
(b)
The Attorney General or the proper prosecuting attorney with or without a reference from the Commissioner may institute criminal proceedings under this chapter.
(c)
This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 6 - ADMINISTRATION (§§ 10-5-70 — 10-5-80) › Section 10-5-72 - Violations; remedies and penalties

(a)
If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.
(b)
In an action under this Code section and on a proper showing, the court may:
(1)
Issue a permanent or temporary injunction, restraining order, or declaratory judgment;
(2)
Order other appropriate or ancillary relief, which may include:
(A)
An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the Commissioner, for the defendant or the defendant's assets;
(B)
Ordering the Commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;
(C)
Imposing a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act; and
(D)
Ordering the payment of prejudgment and postjudgment interest; or
(3)
Order such other relief as the court considers appropriate.
(c)
The Commissioner may not be required to post a bond in an action or proceeding under this chapter.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 6 - ADMINISTRATION (§§ 10-5-70 — 10-5-80) › Section 10-5-75 - Register of applications for registration of securities; registration statements; notice filings; notices of claims; furnishing certain information to the public

(a)
The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor Act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor Act; and interpretative opinions or no action determinations issued under this chapter.
(b)
The Commissioner shall make all rules, forms, interpretative opinions, and orders available to the public.
(c)
The Commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the Commissioner of a record's nonexistence is prima-facie evidence of a record or its nonexistence.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 6 - ADMINISTRATION (§§ 10-5-70 — 10-5-80) › Section 10-5-76 - Public records; exceptions

(a)
Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.
(b)
The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential:
(1)
Information or documents obtained by the Commissioner in connection with an investigation under Code Section
10-5-71
;
(2)
Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law;
(3)
Any document or record specifically designated as confidential in accordance with this chapter; and
(4)
Any document, record, or information designated as confidential by federal statute, rule, or regulation.
Amended by 2011 Ga. Laws 245,§ 10, eff. 5/13/2011.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 6 - ADMINISTRATION (§§ 10-5-70 — 10-5-80) › Section 10-5-78 - Rules and orders issued under this chapter subject to judicial review

(a)
A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(b)
A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 6 - ADMINISTRATION (§§ 10-5-70 — 10-5-80) › Section 10-5-80 - Consent to service of process

(a)
A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.
(b)
If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a) of this Code section, the act, practice, or course of business constitutes the appointment of the Commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.
(c)
Service under subsection (a) or (b) of this Code section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless:
(1)
The plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and
(2)
The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the Commissioner in a proceeding before the Commissioner, allows.
(d)
Service pursuant to subsection (c) of this Code section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party.
(e)
If process is served under subsection (c) of this Code section, the court, or the Commissioner in a proceeding before the Commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 7 - PRIOR LAW (§ 10-5-90) › Section 10-5-90 - Predecessor Act governs actions pending and registrations, orders, and rules in effect on July 1, 2009

(a)
The predecessor Act exclusively governs all actions or proceedings that are pending on July 1, 2009, or may be instituted on the basis of conduct occurring before July 1, 2009, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after July 1, 2009, whichever is earlier.
(b)
All effective registrations under the predecessor Act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor Act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter but are exclusively governed by the predecessor Act.
(c)
The predecessor Act exclusively applies to an offer or sale made within one year after July 1, 2009, pursuant to an offering made in good faith before July 1, 2009, on the basis of an exemption available under the predecessor Act.
Added by 2008 Ga. Laws 528,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-100 - Definitions

As used in this article, the term:
(1)
"Account" means any account with a broker-dealer or investment adviser for which a client has the authority to transact business.
(2)
"Adult protective agency" means any office, division, department, or unit in this state that is charged with the investigation of abuse, neglect, or exploitation of an elder person or disabled adult.
(3)
"Eligible adult" means:
(A)
A person 65 years of age or older; or
(B)
A person 18 years of age or older who is mentally or physically incapacitated, has Alzheimer's disease, or has dementia.
(4)
"Financial exploitation" means:
(A)
The wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or property of an eligible adult; or
(B)
Any act or omission taken by a person, including, but not limited to, through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:
(i)
Obtain the control, use, or benefit of the eligible adult's money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property through deception, intimidation, or undue influence or by the use of any scheme, device, or artifice to defraud; or
(ii)
Convert the money, assets, or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.
(5)
"Qualified individual" means any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 5 - GEORGIA UNIFORM SECURITIES ACT OF 2008 (§§ 10-5-1 — 10-5-108) › Article 8 - FINANCIAL PROTECTIONS FOR ELDERLY OR DISABLED ADULTS (§§ 10-5-100 — 10-5-108) › Section 10-5-101 - Prompt notification to Commissioner of exploitation; requirements

(a)
If a qualified individual has reasonable cause to believe that the financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, then the qualified individual shall promptly notify the Commissioner.
(b)
The notification required by subsection (a) of this Code section may be made by oral or written communication or by form as issued by the Commissioner. Such notice shall include, to the extent possible:
(1)
The name and address of the eligible adult;
(2)
The name and address of the eligible adult's caretaker;
(3)
The age of the eligible adult;
(4)
The nature and extent of the eligible adult's potential or actual injury or condition resulting from the financial exploitation;
(5)
Any other pertinent information; and
(6)
Any additional information that is required by a rule adopted or form or order issued by the Commissioner.
Added by 2023 Ga. Laws 269,§ 1, eff. 7/1/2023.