§ 10-5-50. Unlawful Practices With Offer, Sale, or Purchase of Security
It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: To employ a device, scheme, or artifice to defraud; To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in […]
§ 10-5-76. Public Records; Exceptions
Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination. The following information and documents do not constitute public […]
§ 10-5-51. Fraud or Deceit Unlawful; Adoption of Rule
It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to […]
§ 10-5-77. Intergovernmental Cooperation, Coordination, and Consultation; Sharing of Records and Information
The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to Code Section 10-5-76, share records and information with the securities administrator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal […]
§ 10-5-52. Civil and Criminal Proceedings
In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the […]
§ 10-5-78. Rules and Orders Issued Under This Chapter Subject to Judicial Review
A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Code 1981, […]
§ 10-5-53. Order or Rule May Require Filing of Prospectus and Additional Information
Except as otherwise provided in subsection (b) of this Code section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients […]
§ 10-5-79. Applicability of Chapter to Certain Offers to Purchase or Sell
Code Sections 10-5-20 and 10-5-21, subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that sells or offers to sell a security unless the offer to […]
§ 10-5-54. Unlawful to Make False or Misleading Statements
It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, […]
§ 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
The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Commissioner that a record filed under this chapter is true, complete, and […]