2018 Georgia Code Annotated

TITLE 10 COMMERCE AND TRADE

Chap.

• 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.
• 2. Weights and Measures, 10-2-1 through 10-2-54.
• 3. Notes and Other Evidences of Debt, 10-3-1 through 10-3-6.
• 4. Warehousemen, 10-4-1 through 10-4-215.
• 5. Georgia Uniform Securities, 10-5-1 through 10-5-90.
• 5A. Commodities and Commodity Contracts and Options, 10-5A-1 through 10-5A-31.
• 5B. Deceptive, Fraudulent, or Abusive Telemarketing, 10-5B-1 through 10-5B-8.
• 6. Agency, 10-6-1 through 10-6-142.
• 6A. Brokerage Relationships in Real Estate Transactions, 10-6A-1 through 10-6A-16.
• 6B. Georgia Power of Attorney, 10-6B-1 through 10-6B-81.
• 7. Suretyship, 10-7-1 through 10-7-57.
• 8. Economic Development Council, 10-8-1 through 10-8-5. [Repealed], 10-8-1 through 10-8-5.
• 9. Geo. L. Smith II Georgia World Congress Center, 10-9-1 through 10-9-61.
• 10. Seed-Capital Fund, 10-10-1 through 10-10-20.
• 11. Business Records, 10-11-1 through 10-11-3.
• 12. Electronic Transactions, 10-12-1 through 10-12-20.
• 13. Tobacco Product Manufacturers, 10-13-1 through 10-13-4.
• 13A. Master Settlement Agreement Enhancements, 10-13A-1 through 10-13A-10.
• 14. Cemetery and Funeral Services, 10-14-1 through 10-14-30.
• 15. Business Administration, 10-15-1 through 10-15-7.

Chapter 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

Article 1 Retail Installment and Home Solicitation Sales.

• 10-1-1. Short title.
• 10-1-2. Definitions; construction.
• 10-1-3. Requirements for retail installment contracts; time price differential; prepayment; inclusion of construction permit costs.
• 10-1-4. Requirements for revolving accounts; limitations on time price differential.
• 10-1-5. Mail order and telephone sales.
• 10-1-6. Buyer's right to cancel home solicitation sale.
• 10-1-7. Providing for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees.
• 10-1-8. Security interest not taken on certain items; application of payments to revolving accounts; written agreements.
• 10-1-9. Transfer of retail installment contracts or revolving accounts.
• 10-1-10. Disposition of goods repossessed after default; right to recover deficiency.
• 10-1-11. Second mortgage statute not affected; exemption from loan and interest statutes.
• 10-1-12. Prior contracts or accounts not affected.
• 10-1-13. Waiver of this article void.
• 10-1-14. Limitation of actions.
• 10-1-15. Criminal and civil penalties.
• 10-1-16. Inapplicability of this article to educational entities and student loan transactions.

Article 2 Motor Vehicle Sales Financing.

• 10-1-30. Short title.
• 10-1-31. Definitions; construction.
• 10-1-32. Requirements for retail installment contracts; insurance; delinquency charges, attorneys' fees, and costs; receipts.
• 10-1-33. Finance charge limitations; assignment of contract.
• 10-1-33.1. Advancement of money for satisfaction of lease, lien, or security interest in motor vehicle.
• 10-1-34. Right to prepay debt; credit upon anticipation of payments.
• 10-1-35. Refinancing retail installment contract.
• 10-1-36. Disposition of motor vehicle repossessed after default; right to recover deficiency.
• 10-1-36.1. Assertion of violation on loan or contract secured by motor vehicle only in individual action.
• 10-1-37. Waiver of this article void.
• 10-1-38. Criminal and civil penalties.
• 10-1-39. Additional definitions.
• 10-1-40. Unlawful inducement of motor vehicle buyer or lessee under contract to sublease vehicle; unlawful offering of vehicle for hire by sublessee.
• 10-1-41. Actions brought by persons suffering damage against person inducing unlawful sublease of motor vehicle; remedies.
• 10-1-42. Advancement of money to satisfy lease, lien, or security interest in motor vehicle; inclusion in gross capitalized cost.

Article 3 Unsolicited Merchandise.

• 10-1-50. Unsolicited merchandise not to be sent; recipient may treat as gift; trial periods; remedies for violations.
• 10-1-51. Unordered merchandise sent after membership terminated deemed gift; enjoining payment requests.

Article 4 Furnishing Names of Prospective Purchasers.

• 10-1-70. Sales contract must state consideration for furnishing names of prospective purchasers; penalty.

Article 5 Labeling Remanufactured or Rebuilt Items.

• 10-1-80. "Remanufactured" and "rebuilt" defined.
• 10-1-81. Label required for remanufactured item sold at retail.
• 10-1-82. Label required for rebuilt item sold at retail.
• 10-1-83. Penalty for violation of this article.

Article 6 Interstate Purchase of Rifles and Shotguns.

• 10-1-100. Out-of-state purchase of rifles and shotguns by residents.
• 10-1-101. Nonresidents may purchase rifles and shotguns in Georgia.

Article 7 Sale of Paints and Flaxseed or Linseed Oil.

• 10-1-120. "Paint" defined.
• 10-1-121. Enforcement of article; rules and regulations.
• 10-1-122. Labels on paint containers.
• 10-1-123. Purity of flaxseed or linseed oil; requirement for boiled linseed oil.
• 10-1-124. Flaxseed or linseed oil to be sold under true name; labeling tank cars, tanks, barrels, or vessels of such oil.
• 10-1-125. Possession of improperly labeled article prima-facie evidence of violation.
• 10-1-126. Requirements for timber-marking paint; penalty for violation; enjoining violation.
• 10-1-127. Penalty for sale of deceptively labeled paint.

Article 8 Sale of Petroleum Products, Brake Fluid, and Antifreeze.

Part 1 PETROLEUM PRODUCTS.

• 10-1-140. Definitions.
• 10-1-141. "Petroleum products" not to include liquefied petroleum gas.
• 10-1-142. Appointment and duties of state oil chemist.
• 10-1-143. Employment of oil inspectors; expenses.
• 10-1-144. Additional expenses; Commissioner of Agriculture to be chief oil inspector.
• 10-1-145. Payment of compensation and expenses.
• 10-1-146. Bonds of state oil chemist and inspectors.
• 10-1-147. Filling vacancies in offices of state oil chemist and inspectors.
• 10-1-148. Right to inspect premises; search warrants; refusal of admission as evidence of violation.
• 10-1-149. Gasoline and kerosene subject to inspection and analysis; manufacturers and wholesalers to file statements.
• 10-1-150. Approval of substitutes or improvers of fuels or other motor fuels.
• 10-1-151. Sale of substandard gasoline and kerosene illegal; confiscation.
• 10-1-151.1. Production and sale of biodiesel fuel.
• 10-1-152. Labeling gasoline and kerosene containers; cleaning kerosene containers of gasoline.
• 10-1-153. Notice and sample of petroleum products shipped into state.
• 10-1-154. How purchaser may obtain analysis of gasoline or illuminating or heating oils.
• 10-1-155. Rules and regulations; specifications for petroleum products; penalty for violations.
• 10-1-156. Enjoining marketing in violation of part, specifications, or rules and regulations.
• 10-1-157. Collecting and testing samples of petroleum products; rules and regulations.
• 10-1-158. Registration of gasoline dealers.
• 10-1-159. Inspection of self-measuring pumps; sealing accurate pumps; condemnation of inaccurate pumps; rules and regulations.
• 10-1-160. Calibration of tank trucks, meters, containers, and other measures; condemnation of inaccurate measures.
• 10-1-161. No fee for gasoline or kerosene inspection [Repealed].
• 10-1-162. "Person" defined; substitution or misbranding of petroleum products; sale of used or reclaimed lubricants; injunctions; enforcement.
• 10-1-163. Penalty for violating Code Section 10-1-162; individual liability.
• 10-1-164. Requirements for signs advertising retail motor fuel; advertising free gifts or services; enforcement; penalty.
• 10-1-164.1. Self-service gasoline price for drivers holding special disability permit.
• 10-1-165. Civil penalty.
• 10-1-166. Penalty for chemist or inspector having interest in sale or manufacture of gasoline.
• 10-1-167. Penalty for operating condemned self-measuring gasoline pumps.
• 10-1-168. Penalty for operating short-measure gasoline pump.
• 10-1-169. Penalty for violation of this part or regulations.

Part 2 BRAKE FLUID.

• 10-1-180. Definitions.
• 10-1-181. When brake fluid deemed adulterated.
• 10-1-182. When brake fluid deemed misbranded.
• 10-1-183. Sale of misbranded or adulterated brake fluid prohibited.
• 10-1-184. Establishing minimum brake fluid standard and specifications.
• 10-1-185. Inspection of brake fluid samples; annual license to sell.
• 10-1-186. Enforcement; right of inspection; "stop-sale" orders; condemnation of adulterated or misbranded brake fluid.
• 10-1-187. Rules and regulations; powers of Commissioner's agents; list of inspected and licensed brands; advertising of licensing.
• 10-1-188. Certified analyses as evidence [Repealed].
• 10-1-189. Penalty for violations; instituting prosecutions.

Part 3 ANTIFREEZE.

• 10-1-200. Definitions.
• 10-1-201. When antifreeze deemed adulterated.
• 10-1-202. When antifreeze deemed misbranded.
• 10-1-202.1. Addition of denatonium benzoate to certain antifreeze; applicability; limitation on civil liability and criminal responsibility.
• 10-1-203. Inspection of antifreeze samples; annual license to sell.
• 10-1-204. Enforcement; right of inspection; "stop-sale" orders.
• 10-1-205. Seizure and condemnation of noncomplying antifreeze.
• 10-1-206. List of inspected and licensed brands; advertising references to licensing.
• 10-1-207. Requiring statement of formula or contents; confidentiality of information furnished.
• 10-1-208. Certified analyses as evidence [Repealed].
• 10-1-208.1. Recycled, reclaimed, or reprocessed antifreeze; exemption; regulations; violations.
• 10-1-209. Promulgation of rules and regulations.
• 10-1-210. Enjoining violations.
• 10-1-211. Penalty for violation of part or rules and regulations.

Article 9 Gasoline Marketing Practices.

• 10-1-230. Short title.
• 10-1-231. Legislative findings.
• 10-1-232. Definitions.
• 10-1-233. Acts of distributor violating article.
• 10-1-234. Selling controlled product to another distributor for retail sale; selling to other dealers at distress prices.
• 10-1-234.1. Suppliers may not inhibit gasoline distributors from being blenders.
• 10-1-235. Action by dealer against distributor for violation of article authorized; nature of relief; attorneys' fees.
• 10-1-236. Action by dealer against distributor for violation of article - Defense of termination of agreement [Repealed].
• 10-1-237. Action by dealer against distributor for violation of article; notice of termination prior to expiration; when premises must be vacated.
• 10-1-238. Action by distributor against dealer for breach of agreement; attorneys' fees.
• 10-1-239. Limitation of actions.
• 10-1-240. Marketing agreements subject to article.
• 10-1-241. Sale of real property not affected.

Article 9A Below Cost Sales.

• 10-1-250. Short title.
• 10-1-251. Definitions.
• 10-1-252. Reasonable transfer price.
• 10-1-253. Computation of cost.
• 10-1-254. Prohibited acts in sale of octane or cetane fuels; burden of rebutting prima-facie case.
• 10-1-255. Civil actions; effect of written tender of settlement; limitation of actions.
• 10-1-256. Declaration of legislative intent in construing Code Section 10-1-254.

Article 10 Sale and Storage of Liquefied Petroleum Gas.

• 10-1-260. Short title.
• 10-1-261. Legislative finding.
• 10-1-262. "Liquefied petroleum gas" defined.
• 10-1-263. State fire marshal to enforce article.
• 10-1-264. Assistants and employees of state fire marshal.
• 10-1-265. Rules and regulations setting standards for liquefied petroleum gas equipment.
• 10-1-266. Issuance of licenses or permits; annual fees.
• 10-1-267. Insurance or bond requirements for license or permit holders.
• 10-1-268. Minimum storage facilities required.
• 10-1-269. Suspension or revocation of license or imposition of penalty by state fire marshal.
• 10-1-270. Conflicting local ordinances or regulations prohibited.
• 10-1-271. Reciprocal agreements with other states.
• 10-1-272. Penalty for violating article or rules and regulations.

Article 11 Bidding by Motion Picture Exhibitors.

• 10-1-290. Short title.
• 10-1-291. Legislative intent.
• 10-1-292. Definitions.
• 10-1-293. Blind bidding prohibited; trade screening required; notice of screening; waivers void.
• 10-1-294. Enforcement by civil action; damages; attorneys' fees; injunctions.

Article 12 Ticket Scalping [Repealed].

• 10-1-310 and 10-1-311. [Repealed].

Article 13 Book, Periodical, or Newspaper Tie-in Sales.

• 10-1-330. Refusal to sell books, periodicals, or magazines to dealers refusing others not ordered.
• 10-1-331. Penalty.

Article 14 Secondary Metals Recyclers.

• 10-1-350. Definitions.
• 10-1-351. Verifiable documentation required.
• 10-1-352. Requirements for purchase of burial objects.
• 10-1-352.1. Redesignated.
• 10-1-353. Record of transaction; false statements; penalty for making false statement.
• 10-1-354. Inspections by law enforcement officers.
• 10-1-355. Conditions and limitations on payments for regulated metal property; exception for transaction between business entities.
• 10-1-356. Hold on regulated metal property believed to be stolen; notice; release of hold.
• 10-1-357. Contesting identification or ownership of regulated metal property; action to recover property.
• 10-1-358. Purchases of regulated metal property exempted from application of article.
• 10-1-358.1. Exclusions from article's applicability.
• 10-1-359. Prohibited acts.
• 10-1-359.1. Registration of secondary metals recycler; electronic data base; authority of sheriff; penalty for violation.
• 10-1-359.2. Penalties for violations.
• 10-1-359.3. Forfeiture; items declared contraband.
• 10-1-359.4. Authority of localities.
• 10-1-359.5. Required information from secondary metals recyclers; role of Georgia Bureau of Investigation.

Article 14A Flea Market Vendors' Record Keeping.

• 10-1-360. Definitions; records; penalties; applicability.
• 10-1-361. Exemptions from article.
• 10-1-362. Local ordinances or regulations.

Article 15 Deceptive or Unfair Practices.

Part 1 UNIFORM DECEPTIVE TRADE PRACTICES ACT.

• 10-1-370. Short title.
• 10-1-371. Definitions.
• 10-1-372. When trade practices are deceptive; common-law and other remedies unaffected.
• 10-1-373. Enjoining deceptive trade practices; costs and attorney's fees; relief cumulative.
• 10-1-374. Exemptions from part.
• 10-1-375. Uniform construction of part.

Part 1A ADMINISTRATIVE RESOLUTION.

• 10-1-380. Attorney General defined.
• 10-1-381. Final order; collection of judgment; disbursement of funds, consumer preventive education plan.
• 10-1-382. Collection fees.

Part 2 FAIR BUSINESS PRACTICES ACT.

• 10-1-390. Short title.
• 10-1-391. Purpose and construction of part.
• 10-1-392. Definitions; when intentional violation occurs.
• 10-1-393. Unfair or deceptive practices in consumer transactions unlawful; examples.
• 10-1-393.1. Office supply transactions; solicitations for telephone directory listings.
• 10-1-393.2. Requirements for health spas.
• 10-1-393.3. Prohibited use of purchaser's credit card information by merchant.
• 10-1-393.4. Pricing practices during state of emergency.
• 10-1-393.5. Prohibited telemarketing, Internet activities, or home repair.
• 10-1-393.6. Unlawful telemarketing transactions; criminal penalty.
• 10-1-393.7. Solicitation during final illness; penalty.
• 10-1-393.8. Protection from disclosure of an individual's social security number.
• 10-1-393.9. Registration of private child support collectors; surety bond or alternative.
• 10-1-393.10. Filing contracts for child support collection; requirements for contracts; role of collector; cancellation of contract; forwarding of payments.
• 10-1-393.11. Display of disclosure statement concerning kosher foods; required information; exception.
• 10-1-393.12. Contract with residential roofing contractor; definitions.
• 10-1-393.13. Oversight by Attorney General of certain telemarketing practices; definitions; conduct by telephone solicitors; class actions.
• 10-1-393.14. Consumer report for employment purposes.
• 10-1-393.15. Instrument conveying real estate defined; required notice for solicitation for services; penalties.
• 10-1-394. Adoption of rules, regulations, and standards prohibiting unfair or deceptive practices; application of Chapter 13 of Title 50.
• 10-1-395. Authority and duties of Attorney General; Consumer Advisory Board; relations with other regulatory agencies.
• 10-1-396. Acts exempt from part.
• 10-1-397. Cease and desist orders; civil penalty; judicial relief; receivers.
• 10-1-397.1. Initiation or intervention by Attorney General.
• 10-1-398. Stay of cease and desist order; hearing.
• 10-1-398.1. Judicial review.
• 10-1-399. Civil or equitable remedies by individuals.
• 10-1-400. Limitation on recovery in case of bona fide error.
• 10-1-401. Limitation of actions; right to set off damages or penalties not limited.
• 10-1-402. Assurances of voluntary compliance.
• 10-1-403. Investigations; demands for evidence.
• 10-1-404. Attorney General's subpoena and hearing powers; procedural rules; court enforcement orders; self-incrimination; confidentiality.
• 10-1-405. Civil penalties; individual liability.
• 10-1-406. Duty of prosecuting attorneys.
• 10-1-407. Part not exclusive.
• 10-1-408. Continuing validity of previously adopted rules, orders, actions, and regulations.

Part 3 MULTILEVEL DISTRIBUTION COMPANIES; SALE OF BUSINESS OPPORTUNITIES.

• 10-1-410. Definitions.
• 10-1-411. Prohibited activities by multilevel distribution company or participant in marketing program; disclosure statement.
• 10-1-412. When bond or trust account required; escrow account required.
• 10-1-413. Required disclosures; updating; form of notice.
• 10-1-414. Prohibited acts by sellers.
• 10-1-415. Contracts to be in writing; delivery of copy; required provisions; cancellation rights.
• 10-1-416. Appointment of Secretary of State as agent for service of process.
• 10-1-417. Purchaser and participant remedies; violations as unfair or deceptive acts; penalty.

Part 4 FALSE ADVERTISING.

• 10-1-420. Advertising without intending to sell on stated terms; disclaimers as to availability.
• 10-1-421. False or fraudulent statements in advertising prohibited; broadcaster or publisher acting in good faith excepted; penalties.
• 10-1-422. Degree to be designated in advertisements using "Doctor" or "Dr."; penalty for violation.
• 10-1-423. Enjoining prohibited advertising.
• 10-1-424. Misrepresenting nature of business.
• 10-1-425. Misrepresenting ownership in advertising liquidation, auction, or going-out-of-business sale prohibited.
• 10-1-426. Penalty for violations of Code Sections 10-1-424 and 10-1-425; good faith exceptions.
• 10-1-427. False advertising of legal services; good faith exemptions; complaints; violation of cease and desist order.

Part 5 LIMITED EDITION ART REPRODUCTIONS.

• 10-1-430. Definitions.
• 10-1-431. Advertising and sale of multiples.
• 10-1-432. Descriptive information.
• 10-1-433. Warranties.
• 10-1-434. Remedies not exclusive.
• 10-1-435. Civil remedies for violations.
• 10-1-436. Civil penalties; injunctions.
• 10-1-437. Exemptions.

Part 6 DISASTER RELATED VIOLATIONS.

• 10-1-438. Disaster related violations of Part 1, 2, or 4 of this article; definitions; civil penalties; cause of action for damages and attorney's fees.

Part 7 FIREARMS INDUSTRY NONDISCRIMINATION.

• 10-1-439. Short title.
• 10-1-439.1. Definitions.
• 10-1-439.2. Discrimination in financial services prohibited.
• 10-1-439.3. Role of Attorney General in prosecuting violators.
• 10-1-439.4. Exemptions.

Article 16 Trademarks, Service Marks, and Trade Names.

Part 1 REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS.

• 10-1-440. When trademark or service mark used in state; definitions.
• 10-1-441. Registration of marks - When marks ineligible.
• 10-1-442. Registration of marks - Application; fee.
• 10-1-443. Registration of marks - Classes of goods and services for purposes of registration; application limited to one class.
• 10-1-444. Registration of marks.
• 10-1-445. Registration of marks - Duration; renewal; fee.
• 10-1-446. Assignment of mark and registration; recordation; fee; new certificate.
• 10-1-447. Record of registrations and renewals to be kept by Secretary of State.
• 10-1-448. Cancellation of registrations.
• 10-1-449. Damages for fraud or false representation in registering mark.
• 10-1-450. Civil action for infringement of registered mark.
• 10-1-451. Injunctions against infringement; recovery of profits and damages; destruction or disposal of counterfeit trademarks; seizure.
• 10-1-452. Common-law rights in marks not affected.
• 10-1-453. Unauthorized and deceitful use of name or seal a misdemeanor.
• 10-1-454. Penalties for forged or counterfeited trademarks, service marks, copyrighted or registered designs, or unauthorized reproductions; forfeiture.

Part 2 NAMES AND EMBLEMS OF FRATERNAL, CHARITABLE, AND OTHER ORGANIZATIONS.

• 10-1-470. Imitation of name or emblem prohibited; priority of right to use name.
• 10-1-471. Injunction against infringement.
• 10-1-472. Unauthorized use of emblem or name or false claim of membership a misdemeanor.

Part 3 REGISTRATION OF BUSINESSES USING TRADE NAMES.

• 10-1-490. Business using trade, partnership, or other name not showing ownership to file registration statement; indexing; fee.
• 10-1-491. Contracts of unregistered businesses valid; costs to be paid if name not registered.
• 10-1-492. Exemption of corporations, limited or professional partnerships, or limited liability companies.
• 10-1-493. Penalty for failing to register.

Article 17 Rights in Works of Fine Art.

• 10-1-510. Conveyance of rights in works of fine art; statement of customer's right or license authorizing duplication; liability.

Article 17A Consignment of Art.

• 10-1-520. Short title.
• 10-1-521. Definitions.
• 10-1-522. Delivery of artwork to dealer for exhibition or sale in exchange for compensation constituting consignment.
• 10-1-523. Written contract required for consignment of work of art; violation by art dealer rendering artist's obligation voidable.
• 10-1-524. Effects of consignment.
• 10-1-525. Art received as consignment to remain trust property; not subject or subordinate to claims, liens, or security interests.
• 10-1-526. Contractual waiver of liability for works of art consigned to cooperative.
• 10-1-527. Use or display of work of art or photograph thereof.
• 10-1-528. Applicability to contracts executed prior to July 1, 1995.
• 10-1-529. Liability for violations by art dealers.

Article 17B Georgia Museum Property.

• 10-1-529.1. Short title.
• 10-1-529.2. Definitions.
• 10-1-529.3. Accuracy of museum or archive records.
• 10-1-529.4. Abandonment of property loaned to a museum or archives repository; museum acquisition of abandoned property.
• 10-1-529.5. Acquisition of undocumented property.
• 10-1-529.6. Application of conservation measures to property on loan to museum or archives.
• 10-1-529.7. American Indian human remains and burial objects excluded.

Article 18 Auctioneers.

• 10-1-530. Liability for sale of stolen horse or mule.

Article 19 Sunday Motion Picture Shows and Athletic Events [Repealed].

• 10-1-550 through 10-1-555. [Repealed].

Article 20 Common Day of Rest.

• 10-1-570. Short title.
• 10-1-571. Definitions.
• 10-1-572. Legislative intent.
• 10-1-573. Employees to be given benefit of day of rest.
• 10-1-574. General exemptions from article.
• 10-1-575. Charitable or religious activities exempt.
• 10-1-576. Governmental departments, agencies, and employees exempt.

Article 21 Buying Services.

• 10-1-590. Short title.
• 10-1-591. Definitions.
• 10-1-592. Buying services and clubs to obtain licenses.
• 10-1-593. Conditions of licensure; bonds.
• 10-1-594. Application for license; renewal; fee.
• 10-1-595. Revocation, suspension, and nonrenewal of licenses; grounds; notice and hearing.
• 10-1-596. Contracts of membership; approval of form by Attorney General; effect of noncompliance.
• 10-1-597. Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable.
• 10-1-598. Contracts of membership; requirements; notice; effect of noncompliance.
• 10-1-599. Contracts of membership; authorized duration; notice thereof.
• 10-1-600. Records to be kept; inspection thereof.
• 10-1-601. Rules, regulations, and orders.
• 10-1-602. Application of "Georgia Administrative Procedure Act" and "Fair Business Practices Act of 1975."
• 10-1-603. Injunctions.
• 10-1-604. Civil penalty for violation; administrative hearing and review; judicial review; judgment on final order; remedy concurrent, alternative, and cumulative.
• 10-1-605. Penalty.
• 10-1-606. Continuing validity of previously adopted rules, orders, actions, and regulations.

Article 22 Motor Vehicle Franchise Practices.

• 10-1-620. Short title.
• 10-1-621. Legislative findings.
• 10-1-622. Definitions.
• 10-1-623. Action for violation of article; punitive damages; equitable relief; standing; venue.
• 10-1-624. Persons subject to article; written instruments violating article void; franchisor's use of subsidiary to accomplish illegal act.
• 10-1-625. Statute of limitations.
• 10-1-626. Remedies not exclusive.
• 10-1-627. Waiver of article void; voluntary releases valid.
• 10-1-628. Attorney's fees in action to enforce article.

Part 2 MOTOR VEHICLE DEALER'S DAY IN COURT.

• 10-1-630. Short title.
• 10-1-631. Practices violative of existing law.

Part 3 MOTOR VEHICLE WARRANTY PRACTICES.

• 10-1-640. Short title.
• 10-1-641. Dealer's predelivery preparation, warranty service, and recall work obligations to be provided in writing; recovery of costs; "stop-sale" defined.
• 10-1-642. Risk of loss for vehicle in transit.
• 10-1-643. Payment of dealer's attorney's fees by manufacturer, distributor, or warrantor.
• 10-1-644. Exemptions from part.
• 10-1-645. Uniform warranty reimbursement policy amongst dealers.

Part 4 MOTOR VEHICLE FRANCHISE CONTINUATION AND SUCCESSION.

• 10-1-650. Short title.
• 10-1-651. Termination of franchise; grounds; notice; dealer costs reimbursed by franchisor; applicability to distributors.
• 10-1-652. Succession to franchise upon death of franchisee.
• 10-1-653. Sale of dealership franchise; notice to franchisor.
• 10-1-654. Applicability of part [Repealed].

Part 5 MOTOR VEHICLE FAIR PRACTICES.

• 10-1-660. Short title.
• 10-1-661. Delivery of motor vehicles; modification of facilities; transfer of sales contracts; warranties.
• 10-1-662. Unlawful activities by franchisors.
• 10-1-663. Advertising campaigns; change in capital structure or ownership; manner of distribution; increased prices; discrimination; unreasonable restrictions or changes.
• 10-1-663.1. Right of first refusal.
• 10-1-664. Establishing a new dealership or relocating an existing dealership in the market area of an existing dealership; notice; petitions to enjoin or prohibit.
• 10-1-664.1. Restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; competing unfairly with new dealers.

Part 6 ENFORCEMENT OF ARTICLE BY COMMISSIONER OF MOTOR VEHICLE SAFETY.

• 10-1-665. Definitions.
• 10-1-666. Enforcement of article by state revenue commissioner.
• 10-1-667. Administrative review of alleged violation of this article by dealer, distributor, or manufacturer.
• 10-1-668. Annual dealer registration and appropriation to department fund.

Part 7 IMPAIRMENT OF OBLIGATIONS.

• 10-1-670. Application to franchise agreements.

Article 22A Marine Manufacturers.

• 10-1-675. Legislative findings.
• 10-1-676. Definitions.
• 10-1-677. Termination of contractual relationship between dealer and manufacturer.
• 10-1-678. Application.

Article 22B Recreational Vehicle Dealers.

• 10-1-679. Definitions; considerations in determining "good cause".
• 10-1-679.1. Legislative intent.
• 10-1-679.2. Designation of area of sales responsibility assigned to a recreational vehicle dealer; change in assignment.
• 10-1-679.3. Published prices, charges, and terms of sale.
• 10-1-679.4. Termination or change of dealership agreements; burden of proving good cause.
• 10-1-679.5. Notice required for termination of or substantial change to dealership agreements.
• 10-1-679.6. Repurchase of inventory, equipment, tools, accessories, and signage on termination of the dealership contract; reimbursement for returned items.
• 10-1-679.7. Unlawful coercive practices.
• 10-1-679.8. Sale or transfer of ownership or change in management of dealerships; unlawful practices; required notices.
• 10-1-679.9. Requirement for dealers' opportunity to designate successors; requirement to honor succession; grounds for objection to succession.
• 10-1-679.10. Required specifications for warranty service; time allowances; reimbursements; denial of claims; violations; damage to new vehicles delivered to dealers.
• 10-1-679.11. Remedy for violations.
• 10-1-679.12. Violations deemed irreparable injuries for the purpose of determining whether a temporary injunction should be issued.
• 10-1-679.13. Requirements for new dealerships.
• 10-1-679.14. Franchise agreement required for the sale or distribution of recreational vehicles; exceptions; enforcement.
• 10-1-679.15. Violations.

Article 23 Lease-Purchase Agreements.

• 10-1-680. Short title.
• 10-1-681. Definitions.
• 10-1-682. Requirements for written statement of agreement.
• 10-1-683. Advertisements.
• 10-1-684. Prohibited agreement provisions.
• 10-1-685. Purchase of insurance; early termination or return of items; fees.
• 10-1-686. Right to reinstatement of agreement by lessee failing to make timely payments; fees; substitute items.
• 10-1-687. Penalties; grace period for compliance.
• 10-1-688. Limitation of actions.
• 10-1-689. Example of form.

Article 24 Wholesale Distribution by Out-of-State Principal.

• 10-1-700. Definitions.
• 10-1-701. Contract for services in state [Repealed].
• 10-1-702. Rights of sales representative; frivolous actions.
• 10-1-703. Waiver of law prohibited.
• 10-1-704. Jurisdiction of court.

Article 25 Retail Petroleum Product Dealers.

• 10-1-720. Definitions.
• 10-1-721. Successor to deceased retail dealer.

Article 26 Multiline Heavy Equipment Dealers.

• 10-1-730. Short title.
• 10-1-731. Definitions.
• 10-1-732. Unilateral amendment, cancellation, termination, refusal to renew, or causing resignation from agreement for good cause.
• 10-1-733. Notice of intent to amend, terminate, cancel, or decline to renew agreement; time within which dealer may rectify condition; contract for transfer of business; immediate termination, amendment, cancellation or expiration.
• 10-1-734. Consent to transfer of dealer's business; notice of withholding of consent; assumption of transferor's obligations and rights; burden of proving justification for denying consent.
• 10-1-735. Mailing of notice.
• 10-1-736. When change in dealer's management or personnel may be required or prohibited.
• 10-1-737. Article deemed incorporated in agreements subject to it; waiver of compliance; good faith settlements of disputes.
• 10-1-738. Good faith, fair dealing, and reasonableness requirements.
• 10-1-739. Venue; equitable relief; recovery of losses and damages for violation of Code Sections 10-1-732 and 10-1-734; when supplier may not cancel, terminate, or refuse to renew agreement.
• 10-1-740. Applicability of article.

Article 27 Trade Secrets.

• 10-1-760. Short title.
• 10-1-761. Definitions.
• 10-1-762. Injunctive relief.
• 10-1-763. Recovery of damages.
• 10-1-764. Award of attorneys' fees.
• 10-1-765. Protection of trade secret during action.
• 10-1-766. Limitation of action.
• 10-1-767. Applicability of article.

Article 27A Bad Faith Assertions of Patent Infringement.

• 10-1-770. Definitions.
• 10-1-771. Factors for determining whether or not a bad faith assertion of patent infringement has been made.
• 10-1-772. Protective order; posting; waiver of bond.
• 10-1-773. Enforcement; relief from damages.
• 10-1-774. Federal actions excluded.

Article 28 Georgia Lemon Law.

• 10-1-780. Short title.
• 10-1-781. Legislative intent.
• 10-1-782. Definitions.
• 10-1-783. Provision of owner's manual and notice of rights; fully itemized and legible repair order; copies of reports.
• 10-1-784. Reasonable attempts to correct nonconformity; option to repurchase or replace vehicle.
• 10-1-785. Compelled replacement or repurchase through arbitration; manufacturer's informal dispute settlement mechanism; revocation of mechanism.
• 10-1-786. Request for arbitration; determination of eligibility; notifications; timing; requirements for decision.
• 10-1-787. Finality of arbitrator's decision; appeals by manufacturers; time for compliance with arbitrator's decision.
• 10-1-788. Exhaustion of remedies under article required.
• 10-1-789. Establishment of motor vehicle arbitration panel; compensation; conduct; liability.
• 10-1-790. Requirements for transfer of reacquired vehicle.
• 10-1-791. Consumer fees to implement provisions of article; enforcement.
• 10-1-792. Other rights and remedies.
• 10-1-793. Violations constitute unfair and deceptive act or practice; cumulative effect.
• 10-1-794. Staff for administration [Repealed].
• 10-1-795. Promulgation of rules and regulations.
• 10-1-796. Severability.
• 10-1-797. Consumer cannot waive rights.
• 10-1-798. Continuing validity of previously adopted rules, orders, actions, and regulations.

Article 29 Farm Tractor Warranty Act.

• 10-1-810. Short title.
• 10-1-811. Definitions.
• 10-1-812. Written notice of warranty supplied by manufacturer and presented by dealer to consumer at time of purchase.
• 10-1-813. Opportunity to make repairs in order to conform to express written warranties.
• 10-1-814. Replacement of or refund for nonconforming farm tractor; limitation of liability.
• 10-1-815. Extension of period for reporting nonconformity and of 30 day repair period.
• 10-1-816. Informal dispute settlement procedures; remedy for violation.
• 10-1-817. Affirmative defenses against claims.
• 10-1-818. Statute of limitations.
• 10-1-819. Other remedies and rights not limited by article.

Article 30 Beauty Pageants.

• 10-1-830. Definitions.
• 10-1-831. Required information from operators.
• 10-1-832. Bond requirements.
• 10-1-833. Exemptions from bond requirements.
• 10-1-834. Cancellation or default; refund of entrants' fees.
• 10-1-835. Civil violation; remedies.
• 10-1-836. Criminal violation.
• 10-1-837. Escrow account.
• 10-1-838. Liability for failure to post bond or establish escrow account.

Article 31 Unfair or Deceptive Practices Toward the Elderly.

• 10-1-850. Definitions.
• 10-1-851. Additional civil penalty for violation of Article 15, 17, or 21 of this chapter against elder or disabled persons.
• 10-1-852. Determination to impose civil penalty and amount thereof.
• 10-1-853. Cause of action for damage or injury from offense or violation under this article.
• 10-1-854. State-wide educational initiatives as to consumer crimes against elder and disabled persons, applicable laws, and remedies available.
• 10-1-855. Referral procedures to provide intervention and assistance.
• 10-1-856. Construction with Part 2 of Article 15 of this chapter; confidentiality.
• 10-1-857. Complaints, inquiries, investigations, and corrective action.

Article 32 Assistive Technology Warranties.

• 10-1-870. Short title.
• 10-1-871. Definitions.
• 10-1-872. Express written warranties for assistive technology devices.
• 10-1-873. Repair of nonconforming assistive technology devices; refund or replacement of devices; sale or lease of returned device.
• 10-1-874. Thirty-day return privilege.
• 10-1-875. Rights and remedies under other laws or contracts; waivers void; actions for damages.

Article 33 Motorized Wheelchair Warranties.

• 10-1-890. Short title.
• 10-1-891. Definitions.
• 10-1-892. Express written warranties for motorized wheelchairs; failure to furnish warranty.
• 10-1-893. Repair of nonconforming motorized wheelchairs; refund or replacement after reasonable attempt to repair; resale or lease of returned motorized wheelchair.
• 10-1-894. Other rights or remedies under other law or contract; waiver void; action for damages.

Article 34 Identity Theft.

• 10-1-910. Legislative findings.
• 10-1-911. Definitions.
• 10-1-912. Notification required upon breach of security regarding personal information.
• 10-1-913. Definitions for this Code section and Code Sections 10-1-914 and 10-1-914.1
• 10-1-914. Consumer requested security freeze on credit report; timing; notifications; temporary lifting of freeze; application; penalty.
• 10-1-914.1. Security freezes for protected consumers.
• 10-1-915. Notice of right to security freeze.

Chapter 2. Weights and Measures, 10-2-1 through 10-2-54.

"Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due and under certain conditions to obtain a partial refund of the time price differential."

"Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due."

"Notice to the Buyer Do not sign this contract before you read it or if it contains any blank spaces. You are entitled to an exact copy of the contract you sign."

"Notice to the Buyer Please read this form completely and carefully. It contains valuable cancellation rights.

"NOTICE State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance."

"MEMBER'S RIGHT TO CANCEL If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. To prove that you canceled, it is recommended that you send the notice by certified mail or statutory overnight delivery. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12:00 Midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: (insert name and mailing address of club) . If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, a total refund. It is recommended that you mail the notice of cancellation by certified mail or statutory overnight delivery, return receipt requested; check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the notice of cancellation which you mail."

"Georgia Consumers Have the Right to Obtain a Security Freeze. You have a right to place a 'security freeze' on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.

Article 1 General Provisions.

• 10-2-1. Definitions.
• 10-2-2. Recognized systems of weights and measures.
• 10-2-3. Primary standards of weights and measures; prescribing and verifying secondary standards.
• 10-2-4. Technical requirements for commercial weighing and measuring devices.
• 10-2-5. Powers and duties of Commissioner generally.
• 10-2-6. Power of Commissioner to inspect commercial premises and vehicles; stop-use or stop-sale, hold, and removal orders; seizure.
• 10-2-7. Misrepresentation of quantity in selling or buying prohibited.
• 10-2-8. Misrepresentation or deception in pricing by weight, measure, or count prohibited.
• 10-2-9. Permissible methods of selling by quantity.
• 10-2-10. Delivery tickets for bulk sales and bulk deliveries of heating fuel.
• 10-2-11. Information required on packages.
• 10-2-12. Unit price required on packages with random weights.
• 10-2-13. Advertisements of packaged commodities must state quantity with retail price.
• 10-2-14. Using or possessing incorrect weight or measure; removing tags, seals, or marks; obstructing enforcement.
• 10-2-15. Grain moisture testing equipment - Standards; inspections.
• 10-2-16. Grain moisture testing equipment - Operator to obtain permit.
• 10-2-17. Inspection of scales used in intrastate shipments.
• 10-2-18. When weight, measure, or weighing or measuring device presumed used in business.
• 10-2-19. Manner of display of measurement of compressed natural gas on dispensing devices.
• 10-2-20. Enjoining violations.
• 10-2-21. Administrative penalty for violations; judicial review; proceedings for collection.
• 10-2-22. Criminal penalty for violations.
• 10-2-23. Sale and measurement of pulpwood, sawtimber, poles, and other types of timber.

Article 2 Certified Public Weighers.

• 10-2-40. Persons who may be licensed and known as certified public weighers.
• 10-2-41. License required; application; issuance.
• 10-2-42. Duration of license; fees; cost of seals.
• 10-2-43. Revocation of license permit for malfeasance or violation; notice and hearing.
• 10-2-44. Surety bonds [Repealed].
• 10-2-45. Certified public weigher's official seal.
• 10-2-46. Issuance of official seals to licensed tobacco warehousemen.
• 10-2-47. Return of seal on termination of duties.
• 10-2-48. Duties of certified public weighers.
• 10-2-49. Use of untested weight, measure, or device prohibited.
• 10-2-50. Weighing leaf tobacco and livestock.
• 10-2-51. Sale of coal or coke by itinerant dealer without having weight certified; penalty.
• 10-2-52. Commissioner of Agriculture to administer article; rules and regulations; regulation of livestock auction barns.
• 10-2-53. Administrative penalty for violation of article or order, rule, or regulation; judicial review; proceedings for collection.
• 10-2-54. Criminal penalties for violations; revocation of licenses; forfeiture of seals.

Chapter 3. Notes and Other Evidences of Debt, 10-3-1 through 10-3-6.

• 10-3-1. Transfer of secured note carries security.
• 10-3-2. Endorser sued with maker, drawer, or acceptor.
• 10-3-3. Certain notes or contracts for patent rights, copyrights, or proprietary rights - Consideration to be stated.
• 10-3-4. Certain notes or contracts for patent rights, copyrights, or proprietary rights; purchaser takes subject to equities.
• 10-3-5. Certain notes or contracts for patent rights, copyrights, or proprietary rights - Penalty for violation of Code Section 10-3-3.
• 10-3-6. Requirement to satisfy definition of issuer.

Chapter 4. Warehousemen, 10-4-1 through 10-4-215.

Article 1 State Licensed and Bonded Warehouses.

• 10-4-1. Short title.
• 10-4-2. Definitions.
• 10-4-3. State warehouse section established; supervisor of section.
• 10-4-4. Exemptions from article; warehousemen electing to be covered.
• 10-4-5. Powers and duties of Commissioner; annual reports; adoption of rules and regulations.
• 10-4-6. Procedure for adopting or changing rules and regulations; administrative review of objections.
• 10-4-7. Uniform application of orders, fees, rules, and regulations.
• 10-4-8. Existing interstate commerce regulations not affected.
• 10-4-9. Judicial review of administrative decision.
• 10-4-10. Annual license required; issuance by Commissioner; application for license or renewal.
• 10-4-11. License for person electing to comply with article and regulations.
• 10-4-12. Bond required; additional bond.
• 10-4-13. Bonded and licensed warehouse may be designated as state bonded.
• 10-4-14. Actions on bonds.
• 10-4-15. Inspections of warehouses.
• 10-4-16. Inspectors and examiners to be bonded.
• 10-4-17. License fees.
• 10-4-18. Delivery to warehouse presumably for storage.
• 10-4-19. Warehouse receipts required; obtaining printed forms; use of electronic receipts authorized.
• 10-4-20. Essential terms of warehouse receipts; liability for omission.
• 10-4-21. Obligation of warehouseman to deliver; effect of loss or damage.
• 10-4-22. Surrender and cancellation of warehouse receipts on delivery.
• 10-4-23. Records of warehousemen.
• 10-4-24. Inspection of records; preservation of records when license terminated.
• 10-4-25. When insurance on stored products required.
• 10-4-26. Schedules of charges to be filed; changes in charges; special rates for United States; duplication of charges prohibited.
• 10-4-27. Certified public weighers to be provided.
• 10-4-28. Scales to be provided; examination; disapproved scales not to be used.
• 10-4-29. Suspension of license pending investigation or correction of violation; impoundment of records and commodities.
• 10-4-30. Suspension or revocation of license for violation; liquidation proceedings; impoundment of unused receipts.
• 10-4-31. Publishing lists of licensed and bonded warehouses, license terminations, and findings as to violations.
• 10-4-32. Criminal penalties for violations; immunity of sureties.
• 10-4-33. Duty of persons accepting warehouse receipts to take adequate measures regarding goods.

Article 2 State Warehouse Commissioner; Cotton Warehousing.

Part 1 STATE WAREHOUSE COMMISSIONER.

• 10-4-50. Designation of commissioner.
• 10-4-51. Bond of commissioner.
• 10-4-52. Appointment and bonding of necessary employees; promulgation of rules and regulations.
• 10-4-53. Actions by and against commissioner; limitations on liability; "linters" not to be stored.
• 10-4-54. Duties of commissioner generally.
• 10-4-55. Acquisition of property; encouraging erection of warehouses.
• 10-4-56. Purchase or lease of, or contracting for, compress plant by commissioner.
• 10-4-57. Fire insurance on property owned by or in possession of commissioner.
• 10-4-58. Annual report.
• 10-4-59. Cooperation with other states.
• 10-4-60. State debt not to be created.

Part 2 STORAGE OF COTTON.

• 10-4-70. Standards and classifications of cotton.
• 10-4-71. Storing lint cotton; inspection tags; issuance, contents, transfer, and cancellation of receipts.
• 10-4-72. Fixing terms and rate of storage.
• 10-4-73. Commissioner may negotiate loans on receipts and sale of stored cotton.
• 10-4-74. Commissioner's charges and commissions.
• 10-4-75. Warehouse receipt books; execution and sealing of receipts.
• 10-4-76. Investigation of liens and titles by warehouseman; priority of claim of receipt holder.
• 10-4-77. Penalty for failure to give notice of lien on cotton.
• 10-4-78. Penalty for false affidavit as to lien on cotton.
• 10-4-79. Penalties for delivering cotton without production of receipt or failing to cancel receipt.
• 10-4-80. Penalties for issuing receipt for cotton not in warehouse.
• 10-4-81. Penalty for issuing duplicate or additional receipt; lost or destroyed receipts.

Article 3 Tobacco Warehousing.

Part 1 LEAF TOBACCO SALES AND STORAGE.

• 10-4-100. Legislative intent and findings.
• 10-4-101. Licenses for flue-cured leaf tobacco auction sales; "clean-up" sale licenses.
• 10-4-102. Physical standards for leaf tobacco warehouses; compliance as prerequisite for license.
• 10-4-103. Insurance as prerequisite for license.
• 10-4-104. Allocating sales opportunities among licensed warehouses.
• 10-4-105. Denial of issuance or suspension or revocation of license.
• 10-4-106. Georgia Tobacco Marketing Act of 1995.
• 10-4-107. Warehousemen to render itemized statements.
• 10-4-107.1. Tobacco contract.
• 10-4-108. Records and reports by warehousemen.
• 10-4-109. Commissioner of Agriculture to keep sales records; publication.
• 10-4-110. Advisory board; creation; membership; compensation; expenses [Repealed].
• 10-4-111. Meetings of advisory board; duties; fixing opening date of marketing season; revocation of license for early sale.
• 10-4-112. Limitations on sales hours and days of warehouses.
• 10-4-113. Maximum rate of sales.
• 10-4-114. Auction tobacco dealers; licenses; regulations as to reports and records; refusal, suspension, or revocation of license.
• 10-4-114.1. Grading by the Agriculture Marketing Service; alternatives if graders unavailable [Repealed].
• 10-4-115. Nonauction tobacco dealers licensed; bond or trust fund agreement; records and reports; certified public weighers provided; penalty.
• 10-4-116. Inspection of premises and records.
• 10-4-117. Certified public weighers to be provided by licensees.
• 10-4-117.1. Detention of tobacco; notice; condemnation; cost of testing.
• 10-4-118. Enforcement of part; notice and hearing in revocation or suspension proceedings.
• 10-4-119. Suspension or revocation of license or registration pending investigation and correction of violation.
• 10-4-120. Enjoining violations.
• 10-4-121. Procedure for adopting or changing rules and regulations; administrative review of objections.
• 10-4-122. Judicial review of administrative decision.
• 10-4-123. General penalty for violation of part.

Part 2 CARRY-OVER LEAF TOBACCO STORAGE AND SALE.

• 10-4-140. Legislative intent and findings.
• 10-4-141. Definitions.
• 10-4-142. Licenses for carry-over tobacco services.
• 10-4-143. Fire and extended coverage insurance on stored tobacco.
• 10-4-144. Each licensee to be bonded.
• 10-4-145. Maximum charges and expenses.
• 10-4-146. Licensees to render statements upon receipt of tobacco.
• 10-4-147. Division of money received above contract sales price plus charges and expenses.
• 10-4-148. Licensees' records and reports.
• 10-4-149. Commissioner of Agriculture to keep storage and sale records; publication.
• 10-4-150. Tender for storage not deemed sale; sale not consummated before next season.
• 10-4-151. Certified public weighers to be provided by licensees.
• 10-4-152. Regulations and physical standards for premises; inspection of premises.
• 10-4-153. Enforcement of part; revocation or suspension of licenses.
• 10-4-154. Enjoining violations.
• 10-4-155. Penalty for violating part or rules or regulations.

Part 3 TOBACCO WAREHOUSEMEN'S ASSOCIATIONS.

• 10-4-170. Local boards of trade and state-wide organization of warehousemen authorized.
• 10-4-171. Arbitrating organization of board of trade.
• 10-4-172. Rules and regulations of boards of trade and state-wide organization.
• 10-4-173. Local and state-wide membership fees.
• 10-4-174. Membership in board of trade and state-wide organization as conditions for operating warehouse.
• 10-4-175. Categories of membership; participation in allocating sale time; liability for board's acts.
• 10-4-176. Appealing suspension or expulsion from board of trade or state-wide organization.
• 10-4-177. Price fixing or restraint of trade not authorized; regulation of leaf tobacco selling unaffected.

Article 4 Convenience Warehousing.

• 10-4-190. Short title.
• 10-4-191. Definitions; exemption of state licensed or bonded warehouses.
• 10-4-192. Convenience warehouseman to obtain and retain certain information; property ownership statement.
• 10-4-193. Penalties.

Article 5 Self-Service Storage Facilities.

• 10-4-210. Short title.
• 10-4-211. Definitions.
• 10-4-212. Lien of owner of self-service storage facility upon property located at facility; priority; attachment.
• 10-4-213. Enforcement of lien without judicial intervention.
• 10-4-214. Compliance with Servicemembers Civil Relief Act; additional rights, duties, and obligations not impaired; rights under article additional.
• 10-4-215. Rental agreements entered into before July 1, 2013, not affected.

Chapter 5. Georgia Uniform Securities, 10-5-1 through 10-5-90.

Article 1 General Provisions.

• 10-5-1. Short title.
• 10-5-2. Definitions.
• 10-5-3. Citations to United States Code.
• 10-5-4. Reference to agency or department of United States.
• 10-5-5. Electronic records and signatures.

Article 2 Exemptions.

• 10-5-10. Exemptions from registration of securities.
• 10-5-11. Exempt transactions.
• 10-5-12. Exemption of securities, transactions, or offers by adoption of rule or issuance of order.
• 10-5-13. Denial, suspension, or revocation of exemption.

Article 3 Registration of Securities.

• 10-5-20. Restrictions on sales of securities.
• 10-5-21. Filing of records.
• 10-5-22. Registration by coordination; additional records; effective date of federal registration statement.
• 10-5-23. Registration by qualification; additional information and records required; effective date.
• 10-5-24. Who may file registration statement; conditions of registration; amendment.
• 10-5-25. Denying, suspending, or revoking the effectiveness of registration statement; publication of conduct constituting violations; notice and hearing.
• 10-5-26. Waiver or modification of requirements by Commissioner.

Article 4 Registration of Broker-dealers, Agents, and Investment Advisors.

• 10-5-30. Registration requirements for broker-dealers; exemptions.
• 10-5-31. Registration requirements for agents; exemptions.
• 10-5-32. Registration requirements for investment advisors; exemptions.
• 10-5-33. Registration requirement for investment adviser representatives; exemptions.
• 10-5-34. Registration requirements for federal covered investment advisers.
• 10-5-35. Application; consent to service of process.
• 10-5-36. Change of name; change of control.
• 10-5-37. Notice of termination.
• 10-5-38. Withdrawal of registration.
• 10-5-39. Fees.
• 10-5-40. Financial requirements.
• 10-5-41. Denial of or placement of conditions or limitations on registration.

Article 5 Violations, Penalties, and Civil Liability.

• 10-5-50. Unlawful practices with offer, sale, or purchase of security.
• 10-5-51. Fraud or deceit unlawful; adoption of rule.
• 10-5-52. Civil and criminal proceedings.
• 10-5-53. Order or rule may require filing of prospectus and additional information.
• 10-5-54. Unlawful to make false or misleading statements.
• 10-5-55. Filing under this chapter does not constitute a finding by Commissioner that records are accurate or upon the merits or qualifications of any person.
• 10-5-56. Liability for defamation related to information contained in record.
• 10-5-57. Penalties for violations.
• 10-5-58. Enforcement of civil liability; damages.
• 10-5-59. Exemptions to liability.

Article 6 Administration.

• 10-5-70. Administration of chapter; Commissioner of Securities; authority.
• 10-5-71. Powers of Commissioner.
• 10-5-72. Violations; remedies and penalties.
• 10-5-73. Cease and desist orders; denying, revoking, or conditioning exemptions for broker-dealers.
• 10-5-74. Issuance of forms and orders; adoption and amendment of rules.
• 10-5-75. Register of applications for registration of securities; registration statements; notice filings; notices of claims; furnishing certain information to the public.
• 10-5-76. Public records; exceptions.
• 10-5-77. Intergovernmental cooperation, coordination, and consultation; sharing of records and information.
• 10-5-78. Rules and orders issued under this chapter subject to judicial review.
• 10-5-79. Applicability of chapter to certain offers to purchase or sell.
• 10-5-80. Consent to service of process.

Article 7 Applicability of Predecessor Provisions.

• 10-5-90. Predecessor Act governs actions pending and registrations, orders, and rules in effect on July 1, 2009.

• General Consideration
• "Dealer" and "Salesperson"
• "Sale" or "Sell"
• "Security"

Article 1 General Provisions.

• 10-5A-1. Definitions.
• 10-5A-2. Prohibited activities concerning purchase or sale of commodities.
• 10-5A-3. Exempt purchasers and sellers.
• 10-5A-4. Exempt transactions and contracts; rules and regulations.
• 10-5A-5. Conditions for acting as commodity merchant; designation of board of trade.
• 10-5A-6. Fraudulent or deceitful acts or willful misappropriation prohibited.
• 10-5A-7. Liability for acts or omissions of employees, officers, or agents.
• 10-5A-8. Applicability of securities law.
• 10-5A-9. Construction of chapter.

Article 2 Enforcement.

• 10-5A-20. Investigations.
• 10-5A-21. Actions by Commissioner if chapter, rule, or order violated.
• 10-5A-22. Legal or equitable remedies; special remedies.
• 10-5A-23. Venue for civil and criminal actions.
• 10-5A-24. Commissioner of Securities; employees; compensation and expenses; assistant commissioner; prohibited use of information; confidential information.
• 10-5A-25. Cooperation with agencies, administrators, and organizations.
• 10-5A-26. Rules and regulations.
• 10-5A-27. Applicability of Code Sections 10-5A-2, 10-5A-5, and 10-5A-6.
• 10-5A-28. Administrative proceedings.
• 10-5A-29. Judicial review of Commissioner's orders.
• 10-5A-30. Burden of proving exemptions.
• 10-5A-31. Criminal penalties for violating chapter; institution of criminal proceedings.

• 10-5B-1. Legislative findings and intent.
• 10-5B-2. Definitions.
• 10-5B-3. Rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized.
• 10-5B-4. Required and prohibited telephone conduct and activities; liability.
• 10-5B-5. Applicability to persons subject to other provisions of the Code.
• 10-5B-6. Criminal and civil penalties; right to punish under other laws not limited.
• 10-5B-7. Remedies, duties, prohibitions, and penalties not exclusive; construction with other provisions of the Code.
• 10-5B-8. When offer to sell or buy is made in state.

Chapter 6. Agency, 10-6-1 through 10-6-142.

Article 1 Creation and Nature of Relationship.

• 10-6-1. When agency relationship arises.
• 10-6-2. Formality necessary to create agency.
• 10-6-3. Who may be agent.
• 10-6-4. Fiduciaries may convey by attorneys in fact.
• 10-6-5. What may be done by agent; delegation of agent's authority.
• 10-6-6. Conditional power of attorney.
• 10-6-7. Application.

Article 2 Relations Between Principal and Agent.

• 10-6-20. Rights under agency for illegal purpose.
• 10-6-21. Extent of agent's authority; liability for exceeding, violating, or disregarding instructions.
• 10-6-22. Diligence required of agent.
• 10-6-23. Agent may follow instructions from one of several principals.
• 10-6-24. Agent not to buy or sell for himself.
• 10-6-25. Agent must account for profit from principal's property.
• 10-6-26. Estoppel of agent to dispute principal's title.
• 10-6-27. Right of principal to follow money deposited by agent.
• 10-6-28. When agent depositing principal's money not liable for bank failure.
• 10-6-29. Mingling goods of principal and agent.
• 10-6-30. Agents and fiduciaries to keep accounts; effect of neglect.
• 10-6-31. When agent entitled to commission and expenses.
• 10-6-32. Owner's right to sell property placed with broker; broker's right to commissions.
• 10-6-33. Revocation of agency - When and how done; damages for unreasonable revocation.
• 10-6-34. Revocation of agency - Effect of death or disability on pledge of stock with power of attorney.
• 10-6-35. Revocation of agency - Effect of death on power of attorney by member of armed forces, seaman, or person on war service.
• 10-6-36. Revocation of agency - Effect of incompetency or incapacity of principal on power of attorney.
• 10-6-37. Revocation of agency - Action for wrongful discharge of agent before termination of contract.
• 10-6-38. Revocation of agency - Subsequent earnings in mitigation of damages on improper dismissal of agent.
• 10-6-39. Liability of principal for injuries by other agents.

Article 3 Rights and Liabilities of Principal to Third Persons.

• 10-6-50. Scope of agent's authority; effect of private instructions; dealing with special agent.
• 10-6-51. Principal bound by acts within scope of authority; no right to ratify in part.
• 10-6-52. Ratification relates back to agent's act; how act ratified; no revocation of ratification.
• 10-6-53. Form in which agent acts immaterial.
• 10-6-54. When undisclosed principal liable on contract.
• 10-6-55. Effect of seller giving credit to agent.
• 10-6-56. When principal bound by agent's representations or concealment.
• 10-6-57. Payment to agent not producing obligation made at debtor's risk; proving agent's authority.
• 10-6-58. Notice to agent.
• 10-6-59. Principal not bound by agent conspiring with third person.
• 10-6-60. Principal bound for neglect and fraud of agent.
• 10-6-61. When principal liable for agent's willful trespass.
• 10-6-62. When principal to benefit from agent's contract; defenses against undisclosed principal.
• 10-6-63. When principal may recover money or goods illegally or mistakenly paid or wrongfully transferred by agent.
• 10-6-64. Agent may be witness; credibility; admissibility of agent's declarations [Repealed].

Article 4 Rights and Liabilities of Agent as to Third Persons.

• 10-6-80. Agent may prosecute legal remedies for principal; parol authority; liability if act repudiated.
• 10-6-81. Recovery of money paid to or by agent by mistake.
• 10-6-82. Agent's right of action on principal's contracts.
• 10-6-83. Right of action by agent for interference with possession.
• 10-6-84. When agent exceeding authority may enforce contract.
• 10-6-85. Individual liability of agent by undertaking, when exceeding authority, and for tort; negligence of underservant.
• 10-6-86. Liability of person signing instrument as agent or fiduciary.
• 10-6-87. When agent responsible for credit given; question for jury.
• 10-6-88. When public agent not liable on public contract.
• 10-6-89. Contract for nonexisting principal void; right of action against purported agent.

Article 5 Agents Receiving Moneys for Third Persons.

• 10-6-100. Bond to be posted by agent in business of receiving cash for payment to third persons; exceptions.
• 10-6-101. Right to restitution from bond; agent's civil liability or criminal responsibility to patron not affected.
• 10-6-102. Penalties for failure to post bond.

Article 6 Overseers.

• 10-6-120. Overseer's duties and powers.
• 10-6-121. Parol contract between employer and overseer.

Article 7 Financial Power of Attorney.

• 10-6-140 through 10-6-142 [Repealed].

• 10-6A-1. Short title.
• 10-6A-2. Legislative findings; chapter as basis for private rights of actions and defenses.
• 10-6A-3. Definitions.
• 10-6A-4. Broker's legal relationship to customers or clients.
• 10-6A-5. Duties and responsibilities of broker engaged by seller.
• 10-6A-6. Duties of broker engaged by landlord.
• 10-6A-7. Duties of broker engaged by buyer.
• 10-6A-8. Duties of broker engaged by tenant.
• 10-6A-9. Duration of relationships between brokers and clients.
• 10-6A-10. Duties of brokers prior to entering into brokerage engagement relationships.
• 10-6A-11. Creation of relationship not determined by payment or promise of compensation.
• 10-6A-12. Broker acting as dual agent.
• 10-6A-13. Exclusive representation; company policies; actual knowledge; confidentiality.
• 10-6A-14. Ministerial acts explained; required actions of transaction brokers; false information.
• 10-6A-15. Affiliation with common source information company.
• 10-6A-16. Regulation.

Article 1 General Provisions.

• 10-6B-1. Short title.
• 10-6B-2. Definitions.
• 10-6B-3. Applicability.
• 10-6B-4. Power of attorney is durable.
• 10-6B-5. Execution of power of attorney.
• 10-6B-6. Validity of power of attorney; effect of copy.
• 10-6B-7. Controlling law.
• 10-6B-8. Nomination of conservator; relationship of agent to court-appointed fiduciary; finding of incapacity.
• 10-6B-9. When power of attorney effective.
• 10-6B-10. Termination of power of attorney and agent's authority; third party reliance; filing with clerk.
• 10-6B-11. Designation of coagents; role of successor agent; notification of violation.
• 10-6B-12. Compensation.
• 10-6B-13. Agent's acceptance of appointment.
• 10-6B-14. Actions of agents.
• 10-6B-15. Agent liability.
• 10-6B-16. Petition for construction of power of attorney or role of agent; reimbursement for fees and expenses.
• 10-6B-17. Agent's liability to principal.
• 10-6B-18. Resignation of agent.
• 10-6B-19. "Attested power of attorney" defined; acceptance of and reliance upon attested power of attorney.
• 10-6B-20. Liability for refusal to accept power of attorney.
• 10-6B-21. Principles of law and equity.
• 10-6B-22. Laws applicable to financial institutions and entities.
• 10-6B-23. Rights and remedies under other law.

Article 2 Authority of Agent.

• 10-6B-40. Agent authority that requires specific grant; granting of general authority.
• 10-6B-41. References to general authority in powers of attorney; modifications.
• 10-6B-42. Construction of authority of agent generally.
• 10-6B-43. Real property.
• 10-6B-44. Tangible personal property.
• 10-6B-45. Stocks and bonds.
• 10-6B-46. Commodities and options.
• 10-6B-47. Banks and other financial institutions.
• 10-6B-48. Operation of entity or business.
• 10-6B-49. Insurance and annuities.
• 10-6B-50. Estates, trusts, and other beneficial interests.
• 10-6B-51. Claims and litigation.
• 10-6B-52. Personal and family maintenance.
• 10-6B-53. Benefits from governmental programs or civil or military service.
• 10-6B-54. Retirement plans.
• 10-6B-55. Taxes.
• 10-6B-56. Gifts.

Article 3 Statutory Forms.

• 10-6B-70. Form power of attorney.
• 10-6B-71. Optional form for agent certification of facts.

Article 4 Other Statutory Provisions.

• 10-6B-80. Construction with federal Electronic Signatures in Global and National Commerce Act.
• 10-6B-81. Application of Chapter 6B.

Chapter 7. Suretyship, 10-7-1 through 10-7-57.

"AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

(Insert other relevant statements) SIGNATURE AND ACKNOWLEDGMENT

Article 1 Contract of Suretyship.

• 10-7-1. Contract of suretyship or guaranty defined; liability of surety generally.
• 10-7-2. Nature of obligation of surety.
• 10-7-3. Suretyship not extended by implication.
• 10-7-4. Form of contract immaterial.

Article 2 Relative Rights of Creditor and Surety.

• 10-7-20. Effect of release of or compounding with surety.
• 10-7-21. "Novation" defined; effect on surety's liability.
• 10-7-22. Discharge of surety by increase of risk.
• 10-7-23. Refusal to deliver evidence of debt and securities on tender of amount of debt as discharging surety.
• 10-7-24. Refusal to sue principal after notice by surety as discharge.
• 10-7-25. Extending liability.
• 10-7-26. Promise to pay in ignorance of discharge.
• 10-7-27. Provisions of Uniform Commercial Code to control.
• 10-7-28. Process sued out and judgment entered against surety as such.
• 10-7-29. Judgment against principal and surety at same time.
• 10-7-30. Bad faith refusal of corporate surety to perform suretyship contract.
• 10-7-31. Rights of certain parties claiming protection under a payment bond or security deposit; notice of commencement of work.

Article 3 Rights of Surety Against Principal, Cosureties, and Third Persons.

• 10-7-40. Attachment against principal.
• 10-7-41. Action for money paid, interest, and costs - Right of surety or endorser.
• 10-7-42. Action for money paid, interest, and costs - Effect of judgment against surety.
• 10-7-43. Action for money paid, interest, and costs - Recovery of usury paid by surety.
• 10-7-44. Foreclosure of mortgage or enforcement of security given by principal.
• 10-7-45. Proof of suretyship - By parol.
• 10-7-46. Proof of suretyship - After judgment.
• 10-7-47. Control of execution and judgment by surety - Subrogation to plaintiff's rights.
• 10-7-48. Control of execution and judgment by surety - When sued separately.
• 10-7-49. Payment pending action; judgment for plaintiff for use of surety.
• 10-7-50. Compelling contribution - After paying more than equal share; effect of surety's insolvency.
• 10-7-51. Compelling contribution - Interest on sum recovered as contribution.
• 10-7-52. Compelling contribution - Duty to account for indemnification from principal; compelling transfer of security from principal.
• 10-7-53. Compelling contribution - Controlling action on debt and judgments therein.
• 10-7-54. Endorser's right to control judgment on debt and execution thereon.
• 10-7-55. Protection of bona fide purchasers when surety controls judgment.
• 10-7-56. Subrogation to rights of creditor - Priority of claim.
• 10-7-57. Subrogation to rights of creditor - As to securities held by creditor.

Chapter 9. Geo. L. Smith II Georgia World Congress Center, 10-9-1 through 10-9-61.

Article 1 General Provisions.

• 10-9-1. Short title.
• 10-9-2. Re-creation of "Geo. L. Smith II Georgia World Congress Center Authority."
• 10-9-3. Definitions.
• 10-9-4. Purpose of authority; powers generally.
• 10-9-4.1. Adoption and enforcement of ordinances relating to property, affairs, and administration of authority; penalties.
• 10-9-5. Transfer of duties of Department of Economic Development; actions to be performed by authority under contract with and on behalf of department; costs; ratification of past actions.
• 10-9-6. Appointment and terms of members of board of governors of authority; vacancies; travel expenses and per diem; status of members in office on November 1, 1982.
• 10-9-7. Management of business and affairs of authority; bylaws, rules, and regulations; quorum; delegation of authority to committees.
• 10-9-8. Meetings of board; notice; removal of members from board.
• 10-9-9. Officers of board; terms of officers; authority of officers; compensation.
• 10-9-10. Exemption of authority from taxation.
• 10-9-11. Venue and jurisdiction of actions under chapter.
• 10-9-12. Acceptance of grants, contributions, and gifts of money, property, or services.
• 10-9-13. Moneys received considered trust funds; exception.
• 10-9-14. Authority to fix charges for use; use of earnings; terms and conditions for use of project; contract required; penalty for violation of commercial activity prohibition.
• 10-9-14.1. Bylaws, resolutions, regulations, or ordinances governing use of facilities; exclusion of persons; grants for particular uses.
• 10-9-15. Power of authority with regard to ensuring maximum use of project; rules and regulations for operation and use; security guards.
• 10-9-16. Duties of Attorney General.
• 10-9-16.1. Authority to contract with local entities with regard to local trade and convention center; provision of goods and services; costs, liabilities, and expenses.
• 10-9-16.2. Disposition of real property not required by authority; excepted property.
• 10-9-17. Powers declared supplemental and additional.
• 10-9-18. Liberal construction of chapter.
• 10-9-19. Accounts and audits.

Article 2 Overview Committee.

• 10-9-20. Geo. L. Smith II Georgia World Congress Center Authority Overview Committee created; composition; officers; duties.
• 10-9-21. Cooperation of other state agencies; staff members and independent consultants.
• 10-9-22. Authority to cooperate with committee; enforcement actions; annual committee reports.
• 10-9-23. Criteria for evaluating authority.
• 10-9-24. Expenditure of funds; expenses of committee members.
• 10-9-30 through 10-9-35 [Repealed].

Article 3 Revenue Bonds.

• 10-9-40. Issuance of bonds authorized; purpose.
• 10-9-41. Terms and conditions of bonds; form.
• 10-9-42. Signatures; seal.
• 10-9-43. Tax exemption.
• 10-9-44. Sale of bonds; interest rate.
• 10-9-45. Use of proceeds; issuance of additional bonds in case of deficit; use of surplus.
• 10-9-46. Interim revenue receipts, certificates, or bonds.
• 10-9-47. Replacement of mutilated, destroyed, or lost bonds.
• 10-9-48. Proceedings and conditions for issuance; resolution.
• 10-9-49. Lease of facilities; terms and conditions; contracts with public entities.
• 10-9-50. Enforceability against authority; limitation on state liability.
• 10-9-51. Security; provisions in resolution or trust indenture for protection of bondholder rights and remedies; sinking fund.
• 10-9-52. Enforcement of rights by bondholder, receiver, or indenture trustee.
• 10-9-53. Payment of sale proceeds to trustee.
• 10-9-54. Use of services of Georgia State Financing and Investment Commission; professional services for projects.
• 10-9-55. Refunding bonds.
• 10-9-56. Bonds made securities for investment and deposit purposes.
• 10-9-57. Validation of bonds; applicability of "Revenue Bond Law."
• 10-9-58. Legislative findings; state covenants.
• 10-9-59. Inapplicability of "Georgia Uniform Securities Act of 2008."
• 10-9-60. Jurisdiction over actions.
• 10-9-61. Cumulative nature of authority powers; power to pledge or assign rents, revenues, earnings, and funds as security for indebtedness.

Chapter 10. Seed-Capital Fund, 10-10-1 through 10-10-20.

Article 1 General Provisions.

• 10-10-1. Definitions.
• 10-10-2. Creation of Seed-Capital Fund.
• 10-10-3. Moneys in the fund to be handled in accordance with policies authorized by the board.
• 10-10-4. Investing of funds with investment entities.
• 10-10-5. Transfer of funds for making loans.
• 10-10-6. Distribution to be deposited in the fund.
• 10-10-7. Publishing of annual report by center.

Article 2 Invest Georgia Fund.

• 10-10-10. Creation; purpose.
• 10-10-11. Definitions.
• 10-10-12. Invest Georgia Board; creation; membership; powers.
• 10-10-13. Responsibilities of board.
• 10-10-14. Fund administrator; investments.
• 10-10-15. Expenditure of funds; capitalization; cost of administration.
• 10-10-16. Five-year funding period.
• 10-10-17. Allocation of designated capital.
• 10-10-18. Reports.
• 10-10-19. Retention of designated capital and investment returns.
• 10-10-20. Report on implementation of article.

Chapter 11. Business Records, 10-11-1 through 10-11-3.

• 10-11-1. Definitions.
• 10-11-2. Time period for retention of business records.
• 10-11-3. Retention of reproductions of original business records.

Chapter 12. Electronic Transactions, 10-12-1 through 10-12-20.

• 10-12-1. Short title.
• 10-12-2. Definitions.
• 10-12-3. Applicability to electronic records and signatures relating to a transaction.
• 10-12-4. Applicability to electronic records and signatures created on or after July 1, 2009.
• 10-12-5. Chapter does not create requirement for electronic transactions; determination as to whether parties intend to conduct electronic transactions.
• 10-12-6. Construction and applicability.
• 10-12-7. Legal effect of electronic records or signatures.
• 10-12-8. Ability to retain, store, and print electronic records; requirements for posting and display of records; variation by agreement.
• 10-12-9. Attributing electronic record or signature to particular person; effect of attributing electronic record or signature to a person.
• 10-12-10. Rules applicable when change or error in electronic record occurs.
• 10-12-11. Satisfaction of notarization, acknowledgement, verification or oath requirement.
• 10-12-12. Retention of electronic records.
• 10-12-13. Record or signature evidence not to be excluded solely on the basis of electronic format.
• 10-12-14. Rules for automated transactions.
• 10-12-15. Sending and receipt of electronic records.
• 10-12-16. Transferable records.
• 10-12-17. Agency creation and retention of electronic records; conversion of written records to electronic records.
• 10-12-18. Each government agency to determine extent of electronic record utilization; specifications for use.
• 10-12-19. Standards.
• 10-12-20. Chapter modifies, limits, and supersedes Electronic Signatures in Global and National Commerce Act.

Chapter 13. Tobacco Product Manufacturers, 10-13-1 through 10-13-4.

• 10-13-1. Legislative findings; Master Settlement Agreement.
• 10-13-2. Definitions.
• 10-13-3. Deposits into escrow accounts; violations.
• 10-13-4. Copies of Master Settlement Agreement available to the public.

• 10-13A-1. Legislative findings.
• 10-13A-2. Definitions.
• 10-13A-3. Certification of compliance with Master Settlement Agreement; requirements; retention of documentation of sales.
• 10-13A-4. Directory available via Internet; requirements for inclusion and maintenance; e-mail requirement for distributor.
• 10-13A-5. Prohibition against affixing tax stamp to manufacturer or brand not included in directory.
• 10-13A-6. Agents of nonresident or foreign nonparticipating manufacturer or importer; directory updating; refunds upon removal from directory.
• 10-13A-7. Bond from nonparticipating manufacturers; escrow.
• 10-13A-8. Documentation to be supplied by distributor; cooperation between commissioner and Attorney General; promulgation of regulations.
• 10-13A-9. Suspension of dealer's or distributor's license; other available remedies; falsification of information.
• 10-13A-10. Review of Attorney General's decision on removal from directory; certification of full compliance required; recovery of costs; conflicts with the Master Settlement Agreement.

Chapter 14. Cemetery and Funeral Services, 10-14-1 through 10-14-30.

• 10-14-1. Short title.
• 10-14-2. Regulation of preneed dealers, registrants, and cemetery companies; licenses.
• 10-14-3. Definitions.
• 10-14-3.1. Authority of boards.
• 10-14-4. Registration of dealers and cemeteries; perpetual care cemeteries trust funds; nonperpetual care cemeteries; preneed escrow accounts.
• 10-14-5. Preneed sales agents; contracts; retention of employee data.
• 10-14-5.1. Relationship between life insurance and funeral establishment.
• 10-14-6. Irrevocable trust fund.
• 10-14-7. Preneed escrow accounts or trust funds.
• 10-14-7.1. Trust accounts for preneed funds.
• 10-14-8. Prohibition of certain persons from employment; notice and hearing; emergency orders.
• 10-14-9. Amendment of registration application; state audit of records; change of ownership.
• 10-14-10. Minimum acreage for cemeteries; exceptions.
• 10-14-11. Stop order suspending or revoking a registration; denial or refusal of application for registration; penalties.
• 10-14-12. Separate accounts and records; owner acting as trustee; bond; removal of trustee or escrow agent; allocation of funds; financial reports.
• 10-14-13. Venue for civil or criminal actions.
• 10-14-14. Administration of chapter; rules and regulations.
• 10-14-15. Investigations by Secretary of State; subpoenas; hearings.
• 10-14-16. Cemetery rules and regulations; service charges.
• 10-14-17. Prohibited acts; fees.
• 10-14-18. Duties of registrant; written contract.
• 10-14-19. Enforcement of chapter; civil penalties.
• 10-14-20. Criminal penalties.
• 10-14-21. Purchaser's remedy for violations.
• 10-14-22. Judicial appeal of order of Secretary of State.
• 10-14-23. Administrative appeal of order of Secretary of State.
• 10-14-24. Effect of consent to service of process.
• 10-14-25. Waiver of rights or defenses in cemetery purchase agreements void.
• 10-14-26. Secretary of State immune from liability.
• 10-14-27. Evidence in civil or criminal actions under chapter [Repealed].
• 10-14-28. Actions pending under prior law.
• 10-14-29. Construction regulations; preconstruction trust funds.
• 10-14-30. Adoption of minimum standards by Secretary of State.

"NOTICE The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000."

Chapter 15. Business Administration, 10-15-1 through 10-15-7.

• 10-15-1. Definitions.
• 10-15-2. Disposal of business records containing personal information.
• 10-15-3. Handling of receipts for credit card transactions.
• 10-15-4. Prohibited activities involving magnetic strip or stripe on payment card.
• 10-15-5. Enforcement; investigation of violations.
• 10-15-6. Penalty; hearing; effect of judgment.
• 10-15-7. Penalty; authority to prosecute.