O.C.G.A.
O.C.G.A.

10-13A-7 (2019)

Bond from nonparticipating manufacturers; escrow

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) All nonparticipating manufacturers shall post a bond for the benefit of the state which is subject to execution under subsection (c) of this Code section. The bond shall be posted by a corporate surety located within the United States. The bond shall be posted and evidence of such posting shall be provided to the Attorney General with the nonparticipating manufacturer’s quarterly and annual certifications as a condition of the nonparticipating manufacturer and its brand families being included or remaining in the directory for the following quarter or year.

(b) The amount of the bond shall be the greater of:

(1) Fifty thousand dollars; or

(2) The highest amount of escrow owed in Georgia by the nonparticipating manufacturer or its predecessor in the last 12 quarters.

(c) If a nonparticipating manufacturer that posted a bond has failed to make, or have made on its behalf by an entity with joint and several liability, escrow deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under Code Section 10-13-3, the state may execute upon the bond, first to recover delinquent escrow, which amount shall be deposited into a qualified escrow account under Code Section 10-13-3, and then to recover civil penalties and costs authorized under such Code section. Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter and at any time prior to the removal of the nonparticipating manufacturer and brand from the directory.

History

Code 1981, § 10-13A-7, enacted by Ga. L. 2016, p. 528, § 3/HB 899.

Annotations

Editor’s notes. Ga. L. 2016, p. 528, § 1/HB 899, effective July 1, 2016, redesignated former Code Section 10-13A-7 as present Code Section 10-13A-8.

Administrative rules and regulations. Rules Governing Escrow Payments from Non-Participating Tobacco Product Manufacturers, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Law, Consumer Interest Section, Rule 60-1-1-.01 et seq.

Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: S & M Brands, Inc. v. Georgia ex rel. Carr, 253 F. Supp. 3d 1195 (N.D. Ga. 2017).
Sort: Relevance Newest Treatment
S & M Brands, Inc. v. Georgia ex rel. Carr, 253 F. Supp. 3d 1195 (N.D. Ga. 2017). · cites it 2× “” O.C.G.A. § 10-13A-7(b). B. Georgia’s Model Escrow Agreement Georgia’s Attorney General plays an integral role in administering and enforcing the escrow statute.”
Xcaliber Int'l, Ltd. v. Georgia ex rel. Carr, 253 F. Supp. 3d 1220 (N.D. Ga. 2017). · cites it 2× “” O.C.G.A. § 10-13A-7(b). B. Georgia’s Model Escrow Agreement Georgia’s Attorney General plays an integral role in administering and enforcing the escrow statute.”
10-13A-7(b): 2 cases
S & M Brands, Inc. v. Georgia ex rel. Carr, 253 F. Supp. 3d 1195 (N.D. Ga. 2017). “” O.C.G.A. § 10-13A-7(b). B. Georgia’s Model Escrow Agreement Georgia’s Attorney General plays an integral role in administering and enforcing the escrow statute.”
Xcaliber Int'l, Ltd. v. Georgia ex rel. Carr, 253 F. Supp. 3d 1220 (N.D. Ga. 2017). “” O.C.G.A. § 10-13A-7(b). B. Georgia’s Model Escrow Agreement Georgia’s Attorney General plays an integral role in administering and enforcing the escrow statute.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.