Digitized by the Internet Archive 2013 in http://archive.org/details/govlawgacode20098 OFFICIAL CODE OF GEORGIA ANNOTATED With Provision for Subsequent Pocket Parts Prepared by The Code Revision Commission The Office of Legislative Counsel and The Editorial Staff of LexisNexis® Published Under Authority of the State of Georgia Volume 8 2009 Edition Title 10. Commerce and Trade Including Acts ofthe 2009 Session ofthe General Assembly ofGeorgia and Annotations taken from the Georgia Reports and the Georgia Appeals Reports LexisNexis® Charlottesville, Virginia 2009 Copyright 1994, 2000, 2009 BY State of Georgia All rights reserved. ISBN 978-1-4224-5437-4 4184313 OFFICE OF SECRETARY OF STATE Jr, J\aren C. J4andel, Secretary of\^>tate of the ^>tate of Ljeoryia, do hereby certify that the statutory portion ofthe Official Code ofGeorgia Annotated contained in this volume is a true and correct copy ofsuch material as enacted by the General Assembly ofGeorgia: all as same appear offile and record in this office.- INTESTIMONYWHEREOF,Ihavehereuntosetmyhandandaffixed thesealofmyoffice,attheCapitol,intheCityofAtlanta,this 15thday ofJuly, in the year ofour Lord Two Thousand and Nine and ofthe Independence ofthe United States ofAmerica the Two Hundred and Thirty-Fourth. julkal Karen C.Handel, Secretary ofState Preface This volume cumulates and replaces the 2000 edition ofVolume 8 ofthe Official Code of Georgia Annotated, as supplemented by the 2008 Cumu- lative Supplement. The 2000 Volume 8 and its 2008 Supplement may be recycled or, if so desired, retained for historical purposes. This volume contains all laws specifically codified in Title 10 by the General Assembly through the 2009 Session. This volume also contains case annotations reflecting decisions posted to LexisNexis® through April 10, 2009. These annotations will appear in the following traditional reporter sources: Georgia Supreme Court Opinions; Georgia Appeals Court Opinions; Southeastern Reporter, Second Series; Supreme Court Reporter; Federal Reporter, Third Series; Federal Supplement, Second Series; Federal Rules Decisions; and Bankruptcy Reporter. As official and traditional citations become available, substitutions for the LexisNexis® citations will be made. Additionally, LexisNexis® has prepared annotations and references to Attorney General Opinions, law reviews, and other research sources thatwe hope will be beneficial as you utilize this product. A complete listing of those sources is as follows: Official and Unofficial Attorney General Opinions; Opinions of the Judicial Qualifications Commission; Advisory Opinions ofthe State Disciplinary Board ofthe State Bar; Formal Advisory Opinions of the State Disciplinary Board of the State Bar, issued by the Supreme Court of Georgia; Emory Law Journal; Georgia Law Review; Georgia State University Law Review; Mercer Law Review; Georgia State Bar Journal; American Law Reports; American Jurisprudence 2d; American Jurisprudence Pleading and Practice, American Jurisprudence Proof of Facts; American Jurisprudence Trials; Corpus Juris Secundum; and Uni- form Laws Annotated. Also included, where appropriate, are cross refer- ences to the Official Code of Georgia Annotated. This volume retains amendment notes and effective date notes for Acts passed during the 2007, 2008, and 2009 Sessions of the General Assembly. In order to determine the changes which were made or the effective date applied to a Code section by an Act passed prior to the 2007 Session ofthe General Assembly, the user should consult the Georgia Laws. Visit our website at http://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. If you have questions or suggestions concerning the Official Code of Georgia Annotated, please call toll free 1-800-833-9844, fax at 1-518-487-3584, or email us at [email protected]. Direct written inquiries to: LexisNexis® Attn: Official Code of Georgia Annotated P.O. Box 7587 Charlottesville, Virginia 22906-7537