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2018 Georgia Code 11-8-301 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-8-301 Case Law from Google Scholar Amendments to OCGA 11-8-301

TITLE 11 COMMERCIAL CODE

Section 8. Investment Securities, 11-8-101 through 11-8-603.

ARTICLE 8 INVESTMENT SECURITIES

11-8-301. Delivery.

  1. Delivery of a certificated security to a purchaser occurs when:
    1. The purchaser acquires possession of the security certificate;
    2. Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or
    3. A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and (i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank.
  2. Delivery of an uncertificated security to a purchaser occurs when:
    1. The issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or
    2. Another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.

(Code 1981, §11-8-301, enacted by Ga. L. 1998, p. 1323, § 1; Ga. L. 2001, p. 362, § 20.)

The 2001 amendment, effective July 1, 2001, in paragraph (a)(3), substituted "(i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii)" for "has been" near the middle and added "and has not been indorsed to the securities intermediary or in blank" at the end.

JUDICIAL DECISIONS

Cited in Taylor v. Riverside-Franklin Properties, Inc., 228 Bankr. 491 (Bankr. M.D. Ga. 1998).

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 8-301.

ALR.

- Rights of owner and bona fide purchaser of lost or stolen stock certificates, 52 A.L.R. 947.

Respective rights of owner of certificate of stock who intrusts it to a third person and a purchaser from the latter under a forged transfer or endorsement, 54 A.L.R. 353.

Necessity and sufficiency of appropriation to pass title on sale of corporate stock or securities, 78 A.L.R. 1019.

Right of purchaser of stolen bonds, 102 A.L.R. 28.

Right or duty of corporation to refuse to transfer stock on books to one presenting properly endorsed certificate, because of knowledge or suspicion of conflicting rights of registered holder or of third person, 139 A.L.R. 273; 75 A.L.R.2d 746.

Uniform Stock Transfer Act as applicable to shares in savings and loan associations or building and loan associations, 143 A.L.R. 1152.

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