Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 5. GEORGIA UNIFORM SECURITIES · Article 5. VIOLATIONS, PENALTIES, AND CIVIL LIABILITY

10-5-52. Burden on person claiming exemption, preemption, or exclusion in civil and criminal proceedings.

Active

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

(a)
In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.#
(b)
In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim.#

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, § 10-5-52, enacted by Ga. L. 2008, p. 381, § 1/SB 358.

Law reviews

For article, “The Georgia Uniform Securities Act of 2008: An Analysis of Significant Changes to Georgia’s Blue Sky Law,” see 14 (No. 6) Ga. St. B. J. 18 (2009).

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, page 810; merge action: carried; file SHA-256 7afbade16da7.

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