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2018 Georgia Code 2-9-32 | Car Wreck Lawyer

TITLE 2 AGRICULTURE

Section 9. Dealers in Agricultural Products, 2-9-1 through 2-9-45.

ARTICLE 2 GRAIN DEALERS

2-9-32. Application for license.

  1. Every grain dealer desiring to transact business in this state shall file an application for a license with the Commissioner. The application shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:
    1. The name of the business;
    2. The business address of the applicant;
    3. The complete telephone number of the applicant;
    4. The type of ownership, whether individual, partnership, corporation, or other;
    5. The name of the owner or, if a partnership or corporation, the name of the partners or stockholders;
    6. The names of the certified public weighers;
    7. The name of the manager; and
    8. The dollar value of business transacted from producers for the highest month during the preceding calendar year.
    1. Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include:
      1. A balance sheet;
      2. A profit and loss statement of income;
      3. A statement of retained earnings; and
      4. A statement of changes in financial position.
    2. The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named.
    3. Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 2-9-34.

(Ga. L. 1976, p. 512, § 4; Ga. L. 1983, p. 831, § 1; Ga. L. 1988, p. 748, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Warehouse license-holder required to acquire separate "grain dealer's" license.

- Individuals holding warehouse licenses issued pursuant to the Georgia State Warehousing Act, Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 1 et seq. (see now O.C.G.A. § 10-4-1 et seq.) and bonded in accordance therewith must acquire a separate "grain dealer's" license and surety bond if engaging in the activities of a "grain dealer." 1976 Op. Att'y Gen. No. 76-41.

Cases Citing Georgia Code 2-9-32 From Courtlistener.com

Total Results: 2

Bach v. Phillips

Court: Supreme Court of Georgia | Date Filed: 1946-02-19

Citation: 37 S.E.2d 407, 200 Ga. 308, 1946 Ga. LEXIS 416

Snippet: differs on its facts from Young v. Young, 188 Ga. 29 (3) (2 S.E.2d 622), where, according to the allegations

Haygood v. Haygood

Court: Supreme Court of Georgia | Date Filed: 1940-06-12

Citation: 9 S.E.2d 834, 190 Ga. 445, 130 A.L.R. 87, 1940 Ga. LEXIS 511

Snippet: 537 (56 S.E. 759); Young v. Young, 188 Ga. 29 (3) (2 S.E.2d 622). 6. It is not ground for declaring