O.C.G.A.

O.C.G.A. § 11-9-526 (2019)

Rules

✓ 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) Adoption of filing office rules. The authority shall adopt and publish in print or electronically rules to implement this article, including rules to administer, maintain, and modify the central indexing system. The filing office rules must be consistent with this article.

(b) Harmonization of rules. To keep the filing office rules, practices of the filing offices, and practices of the authority in harmony with the rules and practices in other jurisdictions that enact substantially

T.11, A.9, P.6 this part, and to keep the technology used by the filing offices and the authority compatible with the technology used in other jurisdictions that enact substantially this part, the authority, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing filing office rules, shall:

(1) Consult with filing offices in other jurisdictions that enact substantially this part; and

(2) Consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and

(3) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.

(c) Notification system for farm products. The authority shall not be authorized to adopt rules to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certification of such notification system by the secretary of the United States Department of Agriculture.

History

Code 1981, § 11-9-526, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2010, p. 838, § 10/SB 388.

U.S. Code. The federal Food Security Act, referred to in subsection (c), is codified at 16 U.S.C. § 3839aa et seq.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 68A Am. Jur. 2d, Secured Transactions, §§ 412, 421-423. C.J.S. 26A C.J.S., Deeds, § 19 et seq.

U.L.A. Uniform Commercial Code (U.L.A.) § 9526.

PART 6 DEFAULT Cross references. Disposition of goods repossessed after default, § 10-1-10. Respective rights of buyer, seller, or holder following repossession of motor vehicle sold under retail installment contract, § 10-1-36. Law reviews. For article discussing secured creditors’

legal and equitable remedies and debtors’ protections under the Uniform Commercial Code, see 3 Ga. L. Rev. 198 (1968). For annual survey of commercial law, see 38 Mercer L. Rev. 85 (1986). For article, “Nonjudicial Foreclosures in Georgia: Fresh Doubts, Issues and Strategies,” see 23 Ga. St. B.J. 123 (1987).

T.11, A.9, P.6

JUDICIAL DECISIONS Prerequisites for deficiency claim allowable under this article. - Section 10-1-36 provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim under

this article and part will lie against a buyer. Georgia Cent. Credit Union v. Coleman, 155 Ga. App. 547, 271 S.E.2d 681, 1980 Ga. App. LEXIS 2668 (1980) (decided under former Code 1933, § 109A-9-5).

Subpart 1 Default and Enforcement of Security Interest