reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 3 - FORMS (§§ 10-6B-70 — 10-6B-71) › Section 10-6B-71 - Optional form for agent certification of facts

The following optional form may be used by an agent to certify facts concerning a power of attorney.
"AGENT'S CERTIFICATION AS TO THE VALIDITY OF
POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of Georgia
County of __________________
I, __________________ (name of agent), certify under penalty of perjury that __________________ (name of principal) granted me authority as an agent or successor agent in a power of attorney dated __________________.
I further certify that to my knowledge:
(1)
The principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2)
If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3)
If I were named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)
__________________
__________________
__________________
__________________
__________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
__________________
__________________
Agent's signature
Date
__________________
Agent's name printed
__________________
__________________
Agent's address
__________________
Agent's telephone number
__________________
Agent's email address
This document was signed in my presence on
(Date)
, by
__________________
(Name of agent)
__________________
(Seal)
Signature of notary
My commission expires: __________________
This document prepared by: __________________."
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2018 Ga. Laws 412,§ 20, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 4 - EFFECT OF OTHER LAWS (§§ 10-6B-80 — 10-6B-81) › Section 10-6B-80 - Construction with federal Electronic Signatures in Global and National Commerce Act

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 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)
.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 4 - EFFECT OF OTHER LAWS (§§ 10-6B-80 — 10-6B-81) › Section 10-6B-81 - Application of Chapter 6B

(a)
Code Section
10-6B-19
shall apply retroactively to powers of attorney created before July 1, 2018. The remainder of this chapter shall not apply to a power of attorney executed before July 1, 2017.
(b)
When Code Section
10-6B-3
applies to a power of attorney, Chapter 6 of this title shall not apply to such power of attorney.
(c)
When, other than Code Section
10-6B-19
, this chapter does not apply to a power of attorney:
(1)
It shall not affect the application of Chapter 6 of this title; and
(2)
The former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall remain applicable.
Amended by 2018 Ga. Laws 412,§ 21, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 1 - CONTRACT OF SURETYSHIP (§§ 10-7-1 — 10-7-4) › Section 10-7-1 - Contract of suretyship or guaranty defined; liability of surety generally

The contract of suretyship or guaranty is one whereby a person obligates himself to pay the debt of another in consideration of a benefit flowing to the surety or in consideration of credit or indulgence or other benefit given to his principal, the principal in either instance remaining bound therefor. Sureties, including those formerly called guarantors, are jointly and severally liable with their principal unless the contract provides otherwise. There shall be no distinction between contracts of suretyship and guaranty.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 1 - CONTRACT OF SURETYSHIP (§§ 10-7-1 — 10-7-4) › Section 10-7-2 - Nature of obligation of surety

The obligation of the surety is accessory to that of his principal; and, if the latter from any cause becomes extinct, the former shall cease of course, even though it is in judgment. If, however, the original contract of the principal was invalid from a disability to contract and this disability was known to the surety, he shall still be bound.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 1 - CONTRACT OF SURETYSHIP (§§ 10-7-1 — 10-7-4) › Section 10-7-3 - Suretyship not extended by implication

The contract of suretyship is one of strict law; and the surety's liability will not be extended by implication or interpretation.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 1 - CONTRACT OF SURETYSHIP (§§ 10-7-1 — 10-7-4) › Section 10-7-4 - Form of contract immaterial

The form of the contract is immaterial, provided the fact of suretyship exists.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-20 - Effect of release of or compounding with surety

The creditor may release or compound with the surety without releasing the principal, but the release of or compounding with one surety shall discharge a cosurety.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-21 - "Novation" defined; effect on surety's liability

Any change in the nature or terms of a contract is called a "novation"; such novation, without the consent of the surety, discharges him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-22 - Discharge of surety by increase of risk

Any act of the creditor, either before or after judgment against the principal, which injures the surety or increases his risk or exposes him to greater liability shall discharge him; a mere failure by the creditor to sue as soon as the law allows or neglect to prosecute with vigor his legal remedies, unless for a consideration, shall not release the surety.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-23 - Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety

The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or cosureties; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-24 - Refusal to sue principal after notice by surety as discharge

Any surety, guarantor, or endorser, at any time after the debt on which he or she is liable becomes due, may give notice in writing to the creditor, his or her agent, or any person having possession or control of the obligation, to proceed to collect the debt from the principal or any one of the several principals liable therefor; and, if the creditor or holder refuses or fails to commence an action for the space of three months after such notice (the principal being within the jurisdiction of this state), the endorser, guarantor, or surety giving the notice, as well as all subsequent endorsers and all cosureties, shall be discharged. To comply with the requirements of this Code section, the notice must specifically state that the creditor loses his or her rights to pursue the surety, guarantor, or endorser, as well as any cosureties, coguarantors, or endorsers, if the creditor does not commence legal action within three months after receiving the notice. Further, any notice which does not state the county in which the principal resides shall not be considered to be in compliance with the requirements of this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-25 - Extending liability

The creditor shall pursue his remedy against the surety within the time prescribed by law; and no payment or promise by the principal or by a cosurety shall extend the obligation of the surety or the remedy of the creditor against him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-26 - Promise to pay in ignorance of discharge

If by an act of the creditor the surety is discharged and in ignorance of the fact of the discharge the surety promises to pay, the promise shall not be binding.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-27 - Provisions of Uniform Commercial Code to control

Code Sections
10-7-20
through
10-7-26
shall be superseded to the extent of any conflict by the provisions of Article 3 of Title 11, the "Uniform Commercial Code - Negotiable Instruments," relating to the discharge of any party to a negotiable instrument.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-28 - Process sued out and judgment entered against surety as such

When the fact of suretyship appears on the face of the contract, the creditor shall sue out process against the surety and enter up judgment against him as such.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-29 - Judgment against principal and surety at same time

It shall be lawful to enter judgment against principal and sureties at the same time, as in cases of appeal, in all cases in law or equitable proceedings when a bond has been given by the losing party conditioned to pay the eventual condemnation money in the action; and it shall not be necessary to bring an action upon the bond.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 2 - RELATIVE RIGHTS OF CREDITOR AND SURETY (§§ 10-7-20 — 10-7-31) › Section 10-7-30 - Bad faith refusal of corporate surety to perform suretyship contract

(a)
For the purposes of this Code section, the term "obligee" shall include any obligee or beneficiary pursuant to the terms of the contract of suretyship.
(b)
In the event of the refusal of a corporate surety to commence the remedy of a default covered by, to make payment to an obligee under, or otherwise to commence performance in accordance with the terms of a contract of suretyship within 60 days after receipt from the obligee of a notice of default or demand for payment, and upon a finding that such refusal was in bad faith, the surety shall be liable to pay such obligee, in addition to the loss, not more than 25 percent of the liability of the surety for the loss and all reasonable attorney's fees for the prosecution of the case against the surety. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment rendered in such action; provided, however, that such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where the action is pending; provided, further, that the trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the surety.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-40 - Attachment against principal

A surety or endorser is entitled to the process of attachment against his principal before payment of the debt under the same circumstances as any other creditor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-41 - Action for money paid, interest, and costs - Right of surety or endorser

Payment by a surety or endorser of a debt past due shall entitle him to proceed immediately against his principal for the sum paid, with interest thereon, and all legal costs to which he may have been subjected by the default of his principal.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-42 - Action for money paid, interest, and costs - Effect of judgment against surety

If the payment was made after judgment and the principal had notice of the pendency of the action against the surety, the amount of such judgment shall be conclusive against the principal as to the amount for which the surety was bound. If the payment was not made after judgment, the principal may dispute the validity of the payment as to the amount or as to the authority of the person to whom it was paid.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-43 - Action for money paid, interest, and costs - Recovery of usury paid by surety

If the contract was originally usurious and the surety in making payment includes the usury, he shall recover the same from the principal unless previous to the payment he had notice of the intention of the principal to resist usury.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-44 - Foreclosure of mortgage or enforcement of security given by principal

If the principal executes any mortgage or gives other security to the surety or endorser to indemnify him against loss by reason of his suretyship, the surety or endorser may proceed to foreclose such mortgage or enforce such other lien or security as soon as judgment shall be rendered against him on his contract.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-45 - Proof of suretyship - By parol

If the fact of suretyship does not appear on the face of the contract, it may be proved by parol, either before or after judgment (the creditor not being delayed in his remedy by such collateral issue between the principal and his surety), if before judgment the surety shall give notice to the principal of his intention to make such proof.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-46 - Proof of suretyship - After judgment

If judgment has been rendered without such proof of suretyship, the surety shall give at least ten days' notice to his principal of his intention to apply at the next term of the court where the judgment was entered to make such proof and to have the fact of his suretyship entered of record, together with an order for the control of such judgment and execution thereon against the principal, on payment of the same by him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-47 - Control of execution and judgment by surety - Subrogation to plaintiff's rights

Any surety on the original contract, or on stay of execution, or on appeal, or in any other way, or the representative of a deceased surety, who shall have paid off or discharged the judgment or execution in whole or in part and shall have the fact of such payment by him entered on such execution by the plaintiff or his attorney or the collecting officer, shall have the control of such execution and the judgment upon which it is founded, to the same extent as if he were the original plaintiff therein, and be subrogated to all the rights of such plaintiff, for the purpose of reimbursing himself from his principal.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-48 - Control of execution and judgment by surety - When sued separately

If the surety is sued separately from his principal, on payment by him of the judgment against him, he shall be entitled to control the judgment and execution against his principal in the same manner as if the judgment and execution were joint; and, if he does not appear as surety in the judgment against him, he may give notice and make the proof and obtain the control in the same manner as provided in cases of joint judgments.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-49 - Payment pending action; judgment for plaintiff for use of surety

If the surety pays off the debt pending the action against the principal and himself or against the principal alone, such payment shall operate only to cause the action to proceed for the benefit of such surety; and the judgment may be entered in the name of the original plaintiff for the use of such surety.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-50 - Compelling contribution - After paying more than equal share; effect of surety's insolvency

Where several are sureties for the same principal for the same sum of money, either by one or by distinct instruments, and one pays more than an equal share of the sum, he may compel contribution from his cosureties. If one of the cosureties is insolvent, the deficiency in his share must be borne equally by the solvent sureties.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-51 - Compelling contribution - Interest on sum recovered as contribution

The sum recovered as contribution shall bear interest from the time the original obligation was paid by the surety and shall be deemed and held a liquidated demand.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-52 - Compelling contribution - Duty to account for indemnification from principal; compelling transfer of security from principal

A surety suing for contribution must first account for all money or other things received from the principal to indemnify him against loss; and, if he has paid the entire debt, he may compel his cosurety to transfer to him any mortgage or other security taken from the principal for the protection of such cosurety, by relieving him of all liability for contribution.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-53 - Compelling contribution - Controlling action on debt and judgments therein

Code Sections
10-7-40
through
10-7-49
shall apply to cases where there is more than one surety, so as to enable a surety discharging a joint debt, in whole or in part, either pending the action or after joint or several judgments, to control the same against his cosureties for the purpose of compelling them to contribute their respective shares of the amount so paid by him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-54 - Endorser's right to control judgment on debt and execution thereon

Every endorser who shall pay off and discharge the debt on which he is endorser, either pending the action or after judgment, whether the judgment against the principal and the endorsers is joint or several, shall be entitled to control the judgment and execution founded thereon against the principal and all prior endorsers, in the same manner, upon the same proof, and under the same circumstances as provided in this article in the case of sureties; and, if such endorser shall collect the same from a prior endorser, the latter shall have the same control of the judgment or judgments against the principal or any endorser prior to him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-55 - Protection of bona fide purchasers when surety controls judgment

When the surety does not appear to be such in the judgment and execution, the lien of such judgment, when controlled by the surety, shall not interfere with bona fide purchasers without notice from the principal, whose rights were vested before the order giving control to the surety was granted.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-56 - Subrogation to rights of creditor - Priority of claim

A surety who has paid the debt of his principal shall be subrogated, both at law and in equity, to all the rights of the creditor and, in a controversy with other creditors, shall rank in dignity the same as the creditor whose claim he paid.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 7 - SURETYSHIP (§§ 10-7-1 — 10-7-57) › Article 3 - RIGHTS OF SURETY AGAINST PRINCIPAL, COSURETIES, AND THIRD PERSONS (§§ 10-7-40 — 10-7-57) › Section 10-7-57 - Subrogation to rights of creditor - As to securities held by creditor

A surety who has paid the debt of his principal shall also be entitled to be substituted in place of the creditor as to all securities held by him for the payment of the debt.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-1 - Short title

This chapter shall be known and may be cited as the "Geo. L. Smith II Georgia World Congress Center Act."
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-2 - Re-creation of "Geo. L. Smith II Georgia World Congress Center Authority."

There is re-created the "Geo. L. Smith II Georgia World Congress Center Authority" as a body corporate and politic, which shall be an instrumentality of the State of Georgia and a public corporation.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-4.1 - Adoption and enforcement of ordinances relating to property, affairs, and administration of authority; penalties

(a)
In addition to and not in derogation of its other powers under this chapter, the authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order.
(b)
The authority shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of the authority for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of the State of Georgia and the laws and Constitution of the United States. The officers of the Georgia World Congress Center Police, including the Security Guard Division thereof, and law enforcement officers acting within the jurisdiction of the authority under paragraph (3) of subsection (d) of Code Section
10-9-15
, and subject to the requirements of Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," shall be authorized to serve and execute warrants and to make arrests for violation of ordinances adopted by the authority. For the purposes of exercising the powers and responsibilities of such officers as peace officers under paragraph (8) of Code Section
35-8-2
, including their duties and responsibilities with respect to matters occurring within the limits of the facilities of the authority or requests by another law enforcement agency to provide aid and assistance, such officers shall have the same authority, powers, privileges, and immunities regarding enforcement of laws as law enforcement officers employed by the state. Prosecutions for violations of the ordinances of the authority shall be in the magistrate court sitting in the county in which such violation occurs as provided in Article 4 of Chapter 10 of Title 15. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section
15-10-63
.
(c)
The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both.
(d)
Nothing in this Code section shall prevent prosecution of any act which is a violation of an ordinance of the authority under any law applicable to such act.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-5 - Transfer of duties of Department of Economic Development; actions to be performed by authority under contract with and on behalf of department; costs; ratification of past actions

The authority is authorized and directed to contract with the Department of Economic Development to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department of Economic Development is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the Department of Economic Development, as authorized in this Code section, the authority on behalf of the Department of Economic Development shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Economic Development, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing in this Code section shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commission. Nothing in this Code section nor anything in any contract between the authority and the Department of Economic Development shall prevent the Department of Economic Development from contracting with the Georgia Building Authority for the provision of a parking facility or for any other exercise of its powers necessary or convenient to the department.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2004 Ga. Laws 569, § 4, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-6 - Appointment and terms of members of board of governors of authority; vacancies; travel expenses and per diem; status of members in office on November 1, 1982

(a)
The board of governors of the authority shall consist of 15 members. Each member shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor except that the four additional positions added in 1999 shall be appointed for initial terms ending July 1, 2002, but their successors shall be appointed for four-year terms. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership.
(b)
All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board.
(c)
The members of the board of governors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly.
(d)
The members of the authority in office on November 1, 1982, shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified pursuant to this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-7 - Management of business and affairs of authority; bylaws, rules, and regulations; quorum; delegation of authority to committees

(a)
The management of the business and affairs of the authority shall be vested in the board of governors, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board of governors as authorized by this chapter.
(b)
The board of governors shall have the power to make the bylaws, rules, and regulations for the government of the authority and the operation, management, and maintenance of the project as it may determine appropriate.
(c)
A majority of the number of members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of governors.
(d)
If the bylaws of the authority so provide, the board of governors, by resolution adopted by a majority of the full board of governors, may designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board and each of which, to the extent provided in such resolution or the bylaws of the authority, shall have and may exercise such authority as the board of governors may delegate to it. Unless otherwise provided in the bylaws of the authority, any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of governors or any member thereof of any responsibility imposed by law.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-8 - Meetings of board; notice; removal of members from board

(a)
Meetings of the board of governors, regular or special, shall be held at the time and place fixed by or under the bylaws or, if not so fixed, by the board. Regular meetings of the board may be held with or without notice as prescribed in the bylaws. Special meetings of the board shall be held upon such notice as is prescribed in the bylaws. Unless otherwise prescribed in the bylaws, written notice of the time and place of special meetings of the board shall be given to each member either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board need be specified in the notice or waiver of notice of such meeting unless required by the bylaws. Meetings of the board may be called by the chairman of the board or by any other person or persons authorized by the bylaws.
(b)
Upon receipt of a resolution by a majority of the number of members of the board authorized by this chapter which so certifies and requests, adopted after notice to the defaulting member, the Governor of the state may by executive order remove from membership a member of the board who has failed to attend three consecutive meetings of the board. The action of the Governor shall be final and nonreviewable.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-9 - Officers of board; terms of officers; authority of officers; compensation

(a)
The board of governors shall elect or appoint such officers as may be provided in the bylaws and may delegate to such officers, who need not be members of the board, such authority and responsibility as the board may determine appropriate.
(b)
Each officer and employee of the authority shall serve at the pleasure of the authority and shall hold office for the term for which he is elected or appointed and until his successor has been elected or appointed and has qualified or until his earlier resignation, removal from office, or death.
(c)
All officers and agents of the authority shall have such authority and perform such duties in the management of the authority as may be provided in the bylaws or as may be determined by action of the board not inconsistent with law or with the bylaws.
(d)
The board of governors shall have authority to fix the compensation of its officers and employees, except that officers or employees who are also members of the board shall serve without additional compensation for such service.
(e)
The authority shall be authorized to obtain conviction data with respect to its officers and employees or prospective officers and employees. For such purpose, the authority may submit to the Georgia Crime Information Center two complete sets of fingerprints of the officer or employee or the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the authority in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the authority shall be used by it for the exclusive purpose of making employment decisions, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the authority pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, the term "conviction data" means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-10 - Exemption of authority from taxation

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision or upon its activities in the development, construction, operation, or maintenance of any of the projects or facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority and shall not be subject to regulation of its activities in the acquisition, development, construction, operation, or maintenance of any of the projects or facilities acquired, developed, constructed, operated, or maintained by it by any county or municipal corporation of this state. The exemption from taxation provided for in this Code section shall include an exemption from sales and use tax on tangible personal property purchased by the authority for use exclusively by the authority. The revenue bonds or other evidence of indebtedness issued by the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state by the state or its municipalities or political subdivisions.
Amended by 2007 Ga. Laws 209,§ 13, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-11 - Venue and jurisdiction of actions under chapter

Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-12 - Acceptance of grants, contributions, and gifts of money, property, or services

The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this chapter or from the Department of Economic Development, shall have authority to accept from any entity or agency of the United States, of this state, or of any county, municipality, political subdivision, or public authority and from any private individual or entity, grants, contributions, or gifts of either money or property, real or personal, tangible or intangible, or services or other things of value, in the furtherance of the purposes and powers of the authority. Incident to the acceptance of any such grant, contribution, or gift, the authority may accept and bind itself to express terms and conditions imposed incident to the grant, contribution, or gift governing the use and application of the money or property or the use of disposition of any property acquired therewith, provided that such term or condition is expressly accepted by the authority, is consistent with the purposes and powers of the authority under this chapter, and is not inconsistent with the Constitution or laws of this state. Any such term or condition may require the authority to hold any money or property in trust separate from other money or property of the authority and any such money or property so held shall not be subject to any claims against or liability of the authority not arising from the use or application of the money or property so held or the operation of the property so held or acquired therewith.
Amended by 2004 Ga. Laws 569, § 5, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-13 - Moneys received considered trust funds; exception

All moneys received pursuant to the authority of this chapter, whether as grants, contributions, or gifts or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter, except that grants, contributions, or gifts, the terms or conditions of which require that the proceeds thereof be held separately in trust, shall be held in the manner and applied solely for the purposes specified.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-16 - Duties of Attorney General

The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45, relating to the Attorney General, shall apply.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-16.2 - Disposition of real property not required by authority; excepted property

(a)
This Code section does not apply to any real property:
(1)
Held by the authority for management under Code Section
10-9-5
or contract with the Department of Economic Development pursuant to such Code section;
(2)
Held by the authority as lessee under lease from the Department of Economic Development;
(3)
Acquired by the authority with the proceeds of revenue bonds issued under Article 3 of this chapter; or
(4)
Acquired with the proceeds of appropriations or bonds issued by the state assigned to the authority for management.
(b)
If the authority determines, in its sole discretion, that any real property held by it is no longer required for the purposes for which it was originally acquired or that the furtherance of the purposes of the authority would be served thereby, the authority may sell, lease, or otherwise convey, on such terms and conditions and with or without consideration as the authority determines appropriate, such real property to any county or municipality in which such property is located or to an authority created by such county or municipality, for the authorized public purposes of such entity, including, by way of illustration and not limitation, the public purposes set forth in Chapter 42, 44, 61, or 64 of Title 36, relating to local government.
Amended by 2004 Ga. Laws 569, § 6, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-17 - Powers declared supplemental and additional

The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 9 - GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER (§§ 10-9-1 — 10-9-61) › Article 1 - GENERAL PROVISIONS (§§ 10-9-1 — 10-9-19) › Section 10-9-18 - Liberal construction of chapter

This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.