Applicability of Code Sections 10-5a-2, 10-5a-5, and 10-5a-6

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Commodities and Commodity Contracts and Options
  5. Enforcement
  6. Applicability of Code Sections 10-5a-2, 10-5a-5, and 10-5a-6

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  1. Code Sections 10-5A-2, 10-5A-5, and 10-5A-6 apply to persons who offer to sell or solicit a purchase when:
    1. An offer to sell or solicitation of a purchase is made in this state; or
    2. An offer to sell or solicitation of a purchase is made and accepted in this state.
  2. Code Sections 10-5A-2, 10-5A-5, and 10-5A-6 apply to persons who offer to buy or solicit a sale when:
    1. An offer to buy or solicitation of a sale is made in this state; or
    2. An offer to buy or solicitation of a sale is made and accepted in this state.
  3. For the purpose of this Code section, an offer to sell or to buy or a solicitation of a purchase or sale is made in this state, whether or not either party is then present in this state, when the offer or solicitation:
    1. Originates from this state; or
    2. Is directed by the offeror or solicitor to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer or solicitation.
  4. For the purpose of this Code section, an offer to buy or to sell or solicitation of a sale or purchase is accepted in this state when acceptance:
    1. Is communicated to the offeror or solicitor in this state; and
    2. Has not previously been communicated to the offeror or solicitor, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror or solicitor in this state, reasonably believing the offeror or solicitor to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.
  5. An offer to sell or to buy or solicitation of a purchase or sale is not made in this state when:
    1. The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or
    2. A radio or television program originating outside this state is received in this state.

(Code 1981, §10-5A-27, enacted by Ga. L. 1988, p. 1636, § 1.)


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