Fraud or Deceit Unlawful; Adoption of Rule

1. Law
2. Georgia Code
3. Commerce and Trade
4. Georgia Uniform Securities
5. Violations, Penalties, and Civil Liability
6. Fraud or Deceit Unlawful; Adoption of Rule

1. 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 securities:
   1. To employ a device, scheme, or artifice to defraud another person; or
   2. To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
2. A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative.
3. A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser.

(Code 1981, §10-5-51, enacted by Ga. L. 2008, p. 381, § 1/SB 358.)

RESEARCH REFERENCES

ALR.

- Heightened Pleading Requirements for Alleging Securities Fraud-Post-Iqbalwombly - First Circuit Cases, 31 A.L.R. Fed. 3d 11.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly D.C. Circuit Cases, 37 A.L.R. Fed. 3d Art. 1.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Fourth Circuit Cases, 37 A.L.R. Fed. 3d Art. 2.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Sixth Circuit Cases, 37 A.L.R. Fed. 3d Art. 3.

Effect of 8 U.S.C.A. § 1252(g) Upon Jurisdiction to Hear Federal Tort Claims Act Claims of Noncitizen Wrongfully Removed in Violation of Court Order or Automatic Stay, 37 A.L.R. Fed. 3d Art. 4.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Tenth Circuit Cases, 37 A.L.R. Fed. 3d Art. 14.

What Constitutes Insolvency in Bankruptcy Preference Statute, 11 U.S.C.A. § 547(b)(3), 40 A.L.R. Fed. 3d Art. 2.

"Covered Person" Under the Consumer Financial Protection Act of 2010 (12 U.S.C.A. § 5481(6)(A)), 40 A.L.R. Fed. 3d Art. 3.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Second Circuit Cases, 40 A.L.R. Fed. 3d Art. 5.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Seventh Circuit Cases, 41 A.L.R. Fed. 3d Art. 3.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Eleventh Circuit Cases, 41 A.L.R. Fed. 3d Art. 4.

Issues Arising Under Enumeration Clause, U.S. Const. Art. I, § 2, cl. 3, 41 A.L.R. Fed. 3d Art. 6.

2018 to 2019 A.L.R. United States Supreme Court Review, 42 A.L.R. Fed. 3d Art. 1.

Actions Under Medicaid Federally Qualified Health Center (FQHC) Reimbursement Statute, 42 U.S.C.A. § 1396a(bb), 42 A.L.R. Fed. 3d Art. 4.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Third Circuit Cases, 42 A.L.R. Fed. 3d Art. 5.

Application of National Environmental Policy Act (NEPA) Anti-segmentation Principle to Natural Gas, Oil, or Petroleum Products Pipeline Projects, 42 A.L.R. Fed. 3d Art. 6.

Claims of Sentencing Factor Manipulation and Sentencing Entrapment Under Federal Sentencing Guidelines in Drug Prosecutions, 42 A.L.R. Fed. 3d Art. 7.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Ninth Circuit Cases, 43 A.L.R. Fed. 3d Art. 2.

Housing Protections for Victims of Intimate Partner Violence Under Violence Against Women Act, 34 U.S.C.A. § 12491, 43 A.L.R. Fed. 3d Art. 4.

Derivative Standing in Chapters 7, 11, and 13 Bankruptcy Proceedings, 43 A.L.R. Fed. 3d Art. 6.

Suggestion of Immunity from Executive Branch for Foreign Sovereigns and Officials, 43 A.L.R. Fed. 3d Art. 7.

Heightened Pleading Requirements for Alleging Securities Fraud - Post-Iqbal/Twombly Fifth Circuit Cases, 46 A.L.R. Fed. 3d Art. 4.

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