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2018 Georgia Code 10-4-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-4-12 Case Law from Google Scholar Amendments to OCGA 10-4-12

TITLE 10 COMMERCE AND TRADE

Section 4. Warehousemen, 10-4-1 through 10-4-215.

ARTICLE 1 STATE LICENSED AND BONDED WAREHOUSES

10-4-12. Bond required; additional bond.

  1. Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed by the Commissioner. Any and all bond applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 15 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $300,000.00.
  2. If a warehouseman is also a grain dealer, the amount of the required bond shall be the greater of the bond required by subsection (a) of this Code section or the bond required under Code Section 2-9-34 for grain dealers who are not licensed under this article.
  3. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by a written demand therefor, or if the bond of the warehouseman is canceled, the license of such warehouseman shall be immediately revoked by operation of law without notice or hearing. Code Sections 10-4-6 and 10-4-7 shall apply to this as well as all other Code sections of this article.

(Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 6; Ga. L. 1956, p. 688, § 1; Ga. L. 1977, p. 289, § 1; Ga. L. 1981, p. 929, § 1; Ga. L. 1983, p. 946, § 3; Ga. L. 1985, p. 645, § 2; Ga. L. 1999, p. 800, § 7; Ga. L. 2010, p. 9, § 1-28/HB 1055.)

JUDICIAL DECISIONS

Summary judgment denied despite evidence of default and insufficient collateral.

- Genuine issue of material fact existed, thus precluding summary judgment in favor of a surety despite overwhelming evidence that the principal was in default during the bond period and failed to maintain and store sufficient inventory as collateral. Planters & Citizens Bank v. Home Ins. Co., 786 F. Supp. 977 (S.D. Ga. 1992), aff'd, 992 F.2d 328 (11th Cir. 1993).

OPINIONS OF THE ATTORNEY GENERAL

Department of Agriculture may fix percentage ratio to be applied to the storage capacity of warehouse facilities in order to set individual warehouse bond amounts. 1976 Op. Att'y Gen. No. 76-60.

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Warehouses, § 83 et seq.

C.J.S.

- 93 C.J.S., Warehousemen and Safe Depositaries, §§ 24, 25 et seq.

ALR.

- Warehouseman's bond as covering warehouse receipts issued by warehouse to itself or for its own property, 61 A.L.R. 331.

Legal effect of transaction by which grain or other commodity is received for storage by one who has not complied with statutory conditions necessary to become a public warehouseman, 108 A.L.R. 928.

Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.

Liability of warehouseman, and of surety on bond, in respect of collection and remittance of proceeds of sale of merchandise, 121 A.L.R. 1155.

Suspicion, or reasons for suspicion, of wrongdoing by officer or employee covered by fidelity bond or policy, as requiring obligee to comply with conditions of bond with respect to notice of discovery or knowledge of loss, 129 A.L.R. 1411.

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