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2018 Georgia Code 10-5-34 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-5-34 Case Law from Google Scholar Amendments to OCGA 10-5-34

TITLE 10 COMMERCE AND TRADE

Section 5. Georgia Uniform Securities, 10-5-1 through 10-5-90.

ARTICLE 4 REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISORS

10-5-34. Registration requirements for federal covered investment advisers.

  1. 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.
  2. 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:
      1. Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter;
      2. Institutional investors;
      3. Bona fide preexisting clients whose principal places of residence are not in this state; or
      4. 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.
  3. 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.
  4. The notice under subsection (c) of this Code section becomes effective upon its filing.

(Code 1981, §10-5-34, enacted by Ga. L. 2008, p. 381, § 1/SB 358.)

Law reviews.

- For article, "The Georgia Uniform Securities Act of 2008: An Analysis of Significant Changes to Georgia's Blue Sky Law," see 14 (No. 6) Ga. St. B. J. 18 (2009).

Cases Citing O.C.G.A. § 10-5-34

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Rbc Global Asset Mgmt. (u.s.) Inc. v. Lattimore, 907 S.E.2d 696 (Ga. 2024).

Cited 1 times | Published | Supreme Court of Georgia | Oct 15, 2024 | 320 Ga. 77

...the Georgia Uniform Securities Act of 2008. OCGA § 10-5-2 (8). Federal covered investment advisers are required “to file a notice, a consent to service of process,” and to pay certain fees in order to transact business lawfully in Georgia. OCGA § 10-5-34 (c). Global filed an exhibit showing that it “became notice filed or registered” in Georgia on March 3, 1997. 7 mutual fund, or other organization held out to the public as a place of...