Rules

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Secured Transactions
  5. Filing
  6. Rules

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  1. Adoption of filing office rules. The authority shall adopt and publish in print or electronically rules to implement this article, including rules to administer, maintain, and modify the central indexing system. The filing office rules must be consistent with this article.
  2. Harmonization of rules. To keep the filing office rules, practices of the filing offices, and practices of the authority in harmony with the rules and practices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing offices and the authority compatible with the technology used in other jurisdictions that enact substantially this part, the authority, so far as is consistent with the purposes, policies, and provisions of this article, in adopting, amending, and repealing filing office rules, shall:
    1. Consult with filing offices in other jurisdictions that enact substantially this part; and
    2. Consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
    3. Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.
  3. Notification system for farm products. The authority shall not be authorized to adopt rules to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certification of such notification system by the secretary of the United States Department of Agriculture.

(Code 1981, §11-9-526, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2010, p. 838, § 10/SB 388.)

The 2010 amendment, effective June 3, 2010, inserted "in print or electronically" in the first sentence of subsection (a).

Law reviews.

- For article on the 1963 amendment to the Georgia Uniform Commercial Code, see 14 Mercer L. Rev. 378 (1963).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68A Am. Jur. 2d, Secured Transactions, §§ 412, 421-423.

C.J.S.

- 26A C.J.S., Deeds, § 19 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-526.

PART 6 DEFAULT

Cross references.

- Applicability of part to default by buyer of goods sold in "home solicitation sale," as defined in § 10-1-2, § 10-1-10.

Respective rights of buyer, seller, etc., following repossession of motor vehicle sold under retail installment contract, § 10-1-36.

Law reviews.

- For article discussing secured creditors' legal and equitable remedies and debtors' protections under the Uniform Commercial Code, see 3 Ga. L. Rev. 198 (1968). For annual survey of commercial law, see 38 Mercer L. Rev. 85 (1986). For article, "Nonjudicial Foreclosures in Georgia: Fresh Doubts, Issues and Strategies," see 23 Ga. St. B.J. 123 (1987).

JUDICIAL DECISIONS

Prerequisites for deficiency claim allowable under this article.

- Section10-1-36 provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim under this article and part will lie against a buyer. Georgia Cent. Credit Union v. Coleman, 155 Ga. App. 547, 271 S.E.2d 681 (1980).

PART 1 DEFAULT AND ENFORCEMENT OF SECURITY INTEREST


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