O.C.G.A.

O.C.G.A. § 11-8-201 (2019)

Issuer

✓ 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) With respect to an obligation on or a defense to a security, an “issuer” includes a person that: (1) Places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate; (2) Creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security; (3) Directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or (4) Becomes responsible for, or in place of, another person described as an issuer in this section. (b) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate. (c) With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.

History

Code 1981, § 11-8-201, enacted by Ga. L. 1998, p. 1323, § 1.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 15A Am. Jur. 2d, Commercial Code, § 76. C.J.S. 18 C.J.S., Corporations, § 217. 19 C.J.S., Corporations, §§ 664, 665. 64A C.J.S., Municipal Corporations, § 1701. 81A C.J.S., States, § 186 et seq.

U.L.A. Uniform Commercial Code (U.L.A.) § 8201. ALR. Legal aspects of transactions in securities “when issued” or “when, as and if” issued, 88 A.L.R. 311.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Neidiger/Tucker/Bruner, Inc. v. Suntrust Bank, 530 S.E.2d 18 (Ga. Ct. App. 2000).
Neidiger/Tucker/Bruner, Inc. v. Suntrust Bank, 530 S.E.2d 18 (Ga. Ct. App. 2000). · cites it 2× “LAN and Western agreed not to sell, pledge or hypothecate the Allegiant shares until the notes were paid in full and the shares were registered under applicable securities laws.”
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.