If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.
“Applicant.” Code Section 11-5-102.
“Beneficiary.” Code Section 11-5-102.
“Broker.” Code Section 11-8-102.
“Certificated security.” Code Section 11-8-102.
“Check.” Code Section 11-3-104.
“Clearing corporation.” Code Section 11-8-102.
“Contract for sale.” Code Section 11-2-106.
“Customer.” Code Section 11-4-104.
“Entitlement holder.” Code Section 11-8-102.
“Financial asset.” Code Section 11-8-102.
“Holder in due course.” Code Section 11-3-302.
“Issuer” (with respect to a letter of credit or letter of credit right). Code Section 11-5-102.
“Issuer” (with respect to a security). Code Section 11-8-201.
“Issuer” (with respect to documents of title). Code Section 11-7-102.
“Lease.” Code Section 11-2A-103.
“Lease agreement.” Code Section 11-2A-103.
“Lease contract.” Code Section 11-2A-103.
“Leasehold interest.” Code Section 11-2A-103.
“Lessee.” Code Section 11-2A-103.
“Lessee in ordinary course of business.” Code Section 11-2A-103.
“Lessor.” Code Section 11-2A-103.
“Lessor’s residual interest.” Code Section 11-2A-103.
“Letter of credit.” Code Section 11-5-102.
“Merchant.” Code Section 11-2-104.
“Negotiable instrument.” Code Section 11-3-104.
“Nominated person.” Code Section 11-5-102.
“Note.” Code Section 11-3-104.
“Proceeds of a letter of credit.” Code Section 11-5-114.
“Prove.” Code Section 11-3-103.
“Sale.” Code Section 11-2-106.
“Securities account.” Code Section 11-8-501.
“Securities intermediary.” Code Section 11-8-102.
“Security.” Code Section 11-8-102.
“Security certificate.” Code Section 11-8-102.
“Security entitlement.” Code Section 11-8-102.
“Uncertificated security.” Code Section 11-8-102.
History. Code 1981, § 11-9-102 , enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2002, p. 995, § 3; Ga. L. 2010, p. 481, § 2-19/HB 451; Ga. L. 2013, p. 690, § 1/SB 185; Ga. L. 2015, p. 996, § 3B-18/SB 65.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2001, “Code Section” was inserted preceding “11-5-118” at the end of subparagraph (a)(71)(F) (now (a)(72)(F)).
Editor’s notes.
Ga. L. 2002, p. 995, § 8, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2002, and shall apply to a letter of credit that is issued on or after July 1, 2002. This Act does not apply to a transaction, event, obligation, or duty arising out of or associated with a letter of credit that was issued before July 1, 2002.”
Ga. L. 2010, p. 481, § 3-1/HB 451, not codified by the General Assembly, provides that: “This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act.” This Act became effective May 27, 2010.
Ga. L. 2010, p. 481, § 3-2/HB 451, not codified by the General Assembly, provides that: “A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.” This Act became effective May 27, 2010.
Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides: “(a) This Act shall be known and may be cited as the ‘Debtor-Creditor Uniform Law Modernization Act of 2015.’
“(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.”
Law reviews.
For comment on Maley v. National Acceptance Co., 250 F. Supp. 841 (N.D. Ga. 1966), see 3 Ga. St. B.J. 248 (1966).
For article discussing the classification of a continuing security interest in changing collateral as an unenforceable preference under Section 60a of the Bankruptcy Act, see 1 Ga. L. Rev. 257 (1967).
For note discussing creditor’s remedy of direct collection of accounts and instruments owed to the defaulting debtor, see 3 Ga. L. Rev. 198 (1968).
For comment on Sherrock v. Commercial Credit Corp., 290 A.2d 648 (Del. S. Ct. 1972), see 10 Ga. St. B.J. 110 (1973).
For article, “The Revisions to Article IX of the Uniform Commercial Code,” see 15 Ga. St. B.J. 120 (1977).
For article discussing the resolution of conflicting claims to goods between an unsecured seller of goods and a creditor of a buyer claiming under an after-acquired property clause, see 28 Mercer L. Rev. 625 (1977).
For article, “The Good Faith Purchase Idea and the Uniform Commercial Code,” see 15 Ga. L. Rev. 605 (1981).
For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981).
For article, “Leveraged Buyouts in Bankruptcy,” see 20 Ga. L. Rev. 73 (1985).
For article, “Preparing the Georgia Farmer (or Other Smaller Entrepreneur) for Bankruptcy,” see 22 Ga. State Bar J. 186 (1986).
For annual survey of commercial law, see 43 Mercer L. Rev. 119 (1991).
For annual survey article on commercial law, see 50 Mercer L. Rev. 193 (1998).
Structure Georgia Code
Article 9 - Secured Transactions
Subpart 1 - Short Title, Definitions, and General Concepts
§ 11-9-102. Definitions and Index of Definitions
§ 11-9-103. Purchase Money Security Interest; Application of Payments; Burden of Establishing
§ 11-9-104. Control of Deposit Account
§ 11-9-105. Control of Electronic Chattel Paper
§ 11-9-106. Control of Investment Property