§ 10-14-9. Amendment of Registration Application; State Audit of Records; Change of Ownership
A registration application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original application under Code Section 10-14-4 or 10-14-5. Every applicant registered pursuant to Code Section 10-14-4 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, […]
§ 10-14-24. Effect of Consent to Service of Process
When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of burial lots, burial rights, […]
§ 10-14-10. Minimum Acreage for Cemeteries; Exceptions
Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 1998, shall consist of not less than ten acres of land. The following cemeteries shall not be subject to the requirement of subsection (a) of this […]
§ 10-14-25. Waiver of Rights or Defenses in Cemetery Purchase Agreements Void
Any condition, stipulation, or provision binding any person acquiring any burial lot, burial right, burial merchandise, or burial services to waive: Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter; Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or […]
§ 10-14-11. Stop Order Suspending or Revoking a Registration; Denial or Refusal of Application for Registration; Penalties
The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 10-14-23 if he or she finds that the order is in the public interest and that: The registration as of its effective date, […]
§ 10-14-26. Secretary of State Immune From Liability
For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune. History. Code 1981, § 44-3-150, […]
§ 10-14-12. Separate Accounts and Records; Owner Acting as Trustee; Bond; Removal of Trustee or Escrow Agent; Allocation of Funds; Financial Reports
Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant […]
§ 10-14-28. Actions Pending Under Prior Law
Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause […]
§ 10-14-13. Venue for Civil or Criminal Actions
For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, […]
§ 10-14-1. Short Title
This chapter shall be known as and may be cited as the “Georgia Cemetery and Funeral Services Act of 2000.” History. Code 1981, § 44-3-130 , enacted by Ga. L. 1983, p. 1508, § 1; Code 1981, § 10-14-1 , as redesignated by Ga. L. 2000, p. 882, § 1. Code Commission notes. Pursuant to […]