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

O.C.G.A. § 10-5-34 (2019)

Registration requirements for federal covered investment advisers

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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) 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

(d) The notice under subsection (c) of this Code section becomes effective upon its filing.

History

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

Annotations

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).

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2024 · leading case: Rbc Global Asset Mgmt. (u.s.) Inc. v. Lattimore, 907 S.E.2d 696 (Ga. 2024).
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Rbc Global Asset Mgmt. (u.s.) Inc. v. Lattimore, 907 S.E.2d 696 (Ga. 2024). · cites it 4× “OCGA § 10-5-34 (c). Global filed an exhibit showing that it “became notice filed or registered” in Georgia on March 3, 1997.”
Tenor Capital Partners, LLC v. GunBroker.com, LLC (N.D. Ga. 2022). · cites it 4× “, at 31 (arguing Tenor unlawfully failed to register under O.C.G.A. § 10-5-34(a) as a federal covered investment adviser); Pl.”
— 10-5-34(a) — 1 case
Tenor Capital Partners, LLC v. GunBroker.com, LLC (N.D. Ga. 2022). “, at 31 (arguing Tenor unlawfully failed to register under O.C.G.A. § 10-5-34(a) as a federal covered investment adviser); Pl.”
— 10-5-34(c) — 1 case
Tenor Capital Partners, LLC v. GunBroker.com, LLC (N.D. Ga. 2022). “, at 31 (arguing Tenor unlawfully failed to register under O.C.G.A. § 10-5-34(a) as a federal covered investment adviser); Pl.”
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.