Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 11-8-302 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-8-302 Case Law from Google Scholar Amendments to OCGA 11-8-302

TITLE 11 COMMERCIAL CODE

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

ARTICLE 8 INVESTMENT SECURITIES

11-8-302. Rights of purchaser.

  1. Except as otherwise provided in subsections (b) and (c) of this Code section, a purchaser of a certificated or uncertificated security acquires all rights in the security that the transferor had or had power to transfer.
  2. A purchaser of a limited interest acquires rights only to the extent of the interest purchased.
  3. A purchaser of a certificated security who as a previous holder had notice of an adverse claim does not improve its position by taking from a protected purchaser.

(Code 1981, §11-8-302, enacted by Ga. L. 1998, p. 1323, § 1; Ga. L. 2001, p. 362, § 21.)

The 2001 amendment, effective July 1, 2001, in subsection (a), substituted "a purchaser" for "upon delivery" and deleted "to a purchaser, the purchaser" following "or uncertificated security".

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code Section 11-8-301 are included in the annotations of this section.

Transfer of legal interest in a security.

- Legal interest in a security is transferred upon the proper indorsement and delivery of the security. Wheeless v. Gelzer, 780 F. Supp. 1373 (N.D. Ga. 1991)(decided under former § 11-8-301).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Commercial Code, § 89 et seq.

C.J.S.

- 19 C.J.S., Corporations, § 670. 64A C.J.S., Municipal Corporations, § 1710 et seq. 81A C.J.S., States, § 186 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 8-302.

ALR.

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

Right or duty of corporation to refuse to transfer stock on presentation of properly indorsed certificate, because of conflicting rights or claims of one other than transferee, 75 A.L.R.2d 746.

Conditions printed on confirmation slips as binding on customers of stock or commodity broker, 71 A.L.R.2d 1089.

Validity of "consent restraint" on transfer of shares of close corporation, 69 A.L.R.3d 1327.

No results found for Georgia Code 11-8-302.