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Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 1. SELLING AND OTHER TRADE PRACTICES · Article 17A. CONSIGNMENT OF ART

10-1-525. Art received as consignment to remain trust property; not subject or subordinate to claims, liens, or security interests.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.#

  2. (b)

    No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever of the consignee’s creditors, anything in Code Section 11-2-326 or any other provision of Title 11 to the contrary notwithstanding.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 10-1-525, enacted by Ga. L. 1995, p. 267, § 1.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1995, a comma was deleted following “whatsoever” in subsection (b).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 415 to 416; merge action: carried; file SHA-256 7afbade16da7.