§ 18-2-80. Venue
In this Code section, the following rules determine a debtor’s location: A debtor who is an individual is located at the individual’s principal residence; A debtor that is an organization and has only one place of business is located at its place of business; and A debtor that is an organization and has more than […]
§ 18-2-81. Series Organization and Determinations
As used in this Code section, the term: “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2) of this subsection. “Series organization” means an organization that, pursuant to the law under which […]
§ 18-2-82. Applicability of Principles of Law and Equity
Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. History. Code 1981, § 18-2-80 , enacted by Ga. L. 2002, p. […]
§ 18-2-83. Uniformity With Laws of Other States
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting the “Uniform Voidable Transactions Act.” History. Code 1981, § 18-2-83 , enacted by Ga. L. 2015, p. 996, § 4A-1/SB 65.
§ 18-2-84. Construction With Federal Provisions
This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 […]
§ 18-2-85. Transfers to Charitable Organizations; Statute of Limitations
As used in this Code section, the term: “Charitable organization” means an organization which has qualified as tax-exempt under Section 501(c) (3) of the federal Internal Revenue Code of 1986 and has been so qualified for not less than two years preceding any transfer pursuant to this Code section, other than a private foundation or […]
§ 18-2-51. Foreign Assignments to Conform With Georgia Law
No property in this state shall pass under any assignment made by corporations, persons, or firms out of this state unless such foreign assignment shall conform to the law of assignments in this state. History. Ga. L. 1894, p. 90, § 9; Civil Code 1895, § 2706; Civil Code 1910, § 3239; Code 1933, § […]
§ 18-2-77. Relief for Creditor Against Fraudulent Transfer or Obligation
In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Code Section 18-2-78, may obtain: Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; An attachment or other provisional remedy against the asset transferred or other property of the […]
§ 18-2-52. Providing and Filing of Bond by Assignee; Amount of Bond
Upon the request of any three of the creditors of the assignor, the assignee shall make and file a bond with surety, in a sum to be fixed by the judge of the superior court, conditioned for the faithful performance of his trust, which bond shall be made payable to the judge of the probate […]
§ 18-2-78. Conditions for Voidability of Transfer or Obligation; Judgment
A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of […]