LAND TRANSACTIONS, REGULATION OF SPECIALIZED
CEMETERIES--THE GEORGIA CEMETERY ACT
OF 1983
CEMETERY RULES
CEMETERY SALESPERSONS
CHARGES FOR SERVICES
PERPETUAL CARE CEMETERIES
PRENEED DEALERS
CONDOMINIUM ASSOCIATIONS
SUBDIVIDED LAND--GEORGIA LAND SALES ACT
TIME-SHARE PROJECTS AND PROGRAMS
DEVELOPER, FINANCING BY
DEVELOPERS AND EXCHANGE COMPANIES
MISCELLANEOUS
RECORDS
PERSONALTY, RIGHTS IN
PAWNBROKERS
UNCLAIMED PROPERTY, DISPOSITION OF
Citation: O.C.G.A. Section 44-3-137(b)
Separate accounts and records;. . ..
Regulating Agency: Secretary of State.
Requirement: To keep and maintain (separately
from other books, records, accounts, and documents related to
business activities not regulated under the Cemetery Act)
separate books, records, accounts, and documents regarding the
transaction of a cemetery's business.
Persons Affected: Perpetual care cemeteries and
preneed dealers in burial merchandise that are registered under
O.C.G.A. Title 43, Chapter 3, Article 4.
Retention Period: Not specified.
Citation: O.C.G.A. Section 44-3-141 Cemetery
rules and regulations; service charges.
Regulating Agency: Secretary of State.
Requirement: To maintain at the usual place for
transacting the regular business of the cemetery a plainly
printed or typewritten copy of any rule which the owner of the
cemetery may have adopted for the use, care, control, management,
restriction, and protection of the cemetery and all parts and
subdivisions thereof.
Persons Affected: Cemeteries that are required
to be registered under O.C.G.A. Title 43, Chapter 3, Article 4.
Retention Period: Not specified.
Citation: Rule 590-3-2-.01 Employment
Records.
Regulating Agency: Secretary of State.
Requirement: To maintain all cemetery
salespersons' employment applications, on the form prescribed by
the Secretary of State, at the salesperson's place of employment
in Georgia.
Persons Affected: Persons operating cemeteries
or dealers of burial merchandise on a preneed basis.
Retention Period: During a salesperson's
employment and for a period of 5 years from the date of
termination of employment.
Related Code Sections: O.C.G.A. Sections
44-3-132 and 44-3-139(e).
Citation: O.C.G.A. Section 44-3-141(c)
Cemetery rules and regulations; service charges.
Regulating Agency: Secretary of State.
Requirement: To maintain at the usual place for
transacting the regular business of the cemetery a full and
complete schedule, plainly printed or typewritten, of all charges
for services provided by the cemetery.
Persons Affected: Cemeteries that are required
to be registered under O.C.G.A. Title 43, Chapter 3, Article 4.
Retention Period: Not specified.
Citation: Rule 590-3-3-.03 Business,
Corporate, and Financial Records. Amended.
Regulating Agency: Secretary of State.
Requirement: (1) to maintain a legible copy
(photostatic or otherwise) of every execute sales contract; (2)
to keep and maintain its business and financial records for the
cemetery and its perpetual care trust fund as segregated records
separate and apart from the records of any other cemetery, trust,
or business (including any other cemetery or business of the
cemetery owner, cemetery salespersons, or perpetual care
trustee); (3) to keep and maintain a sales journal at the
cemetery's principal place of business, containing (at a
minimum): a record of each individual specified sales contract,
indicating the sales contract number; the date of execution of
each specified sales contract; the name of the person who
purchased the property pursuant to each specified sales contract;
the total sales price of the property subject to each specified
sales contract; and the number of lots subject to each specified
sales contract; (4) to keep and maintain a space lot journal or
equivalent records at the cemetery's principal place of business
in Georgia, containing (at a minimum): a numerically-identified
records of each cemetery lot identified in a manner corresponding
to the property plat and organized in a manner corresponding to
any designated subsections of the cemetery; the date of its sale
(if a specified lot has been sold); the full name of the person
who purchased the lot (if a specified lot has been sold);
cross-reference to the cemetery's deed book (if a specified lot
has been sold); and indication that the lot has been used for
interment, the identity of the person interred, and the date on
which the person was interred (if a specified lot has been sold
and used for interment); (5) to keep and maintain one permanent
deed book at the cemetery's principal place of business in
Georgia, containing (at a minimum): a consecutively-number record
of each individual deed issued in one continuous numerical
sequence for the entire cemetery; the date of issuance of each
individual specified deed; the full name of the person to whom
each specified deed was issued; the total sale price of the
property subject to each specified deed; and the number of lots
subject to each specified deed; the name of the subsection in
which the property subject to each specified deed is located (if
the cemetery has designed subsections); cross-reference to the
cemetery's space lot journal and to the sales contract; and the
names of the transferor and transferee and the numbers of the old
and the new deeds (in the case of a transfer of ownership of a
cemetery lot); (6) to keep and maintain a copy (photostatic or
otherwise) of every deed issued on or after August 1, 1989; and
(7) to keep every plat of the cemetery made in accordance with
O.C.G.A. Section 44-2-26.
Persons Affected: Perpetual care cemeteries
required to register with the Georgia Secretary of State.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
15-6-67, 44-2-26, 44-3-134(c)(2), and 44-3-139(e).
Citation: Rule 590-3-4-.01 Records.
Regulating Agency: Secretary of State.
Requirement: (1) to keep and maintain its
business and financial records for the preneed dealer and its
preneed escrow account as segregated records separate and apart
from the records of any other preneed dealer, financial accounts,
or business (including any other business of the preneed dealer,
preneed dealer salespersons, or escrow account agent); (2) to
maintain a legible copy (photostatic or otherwise) of every
executed sales contract; (3) to keep and maintain a sales journal
at the preneed dealer's principal of business, containing (at a
minimum): a record of each individual sales contract, indicating
the sales contract number; the date of execution of each
specified sales contract; the name of the person who purchased
burial merchandise pursuant to each specified sales contract; the
total sales price of the merchandise subject to each specified
sales contract; and a list of burial merchandise sold pursuant to
each specified sales contract; (4) to keep a log of all delivered
burial merchandise, containing the name of the purchaser, the
number of the sales contract, the date the sales contract was
executed, the date of the merchandise was received, and the date
the merchandise was tagged or labeled.
Persons Affected: Dealers of burial merchandise
on a preneed basis who are required to register with the Georgia
Secretary of State.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections
44-3-134(e)(1), 44-3-137, and 44-3-139(e).
Citation: O.C.G.A. Section 44-3-106(d) Powers
and responsibilities of association; tort actions.
Regulating Agency: None.
Requirement: To keep: (1) minutes of all
meetings of members of the condominium association and of its
board of directors; (2) detailed and accurate financial records,
including itemized records of all receipts and expenditures; and
(3) any books and records that may be required by law or may be
necessary to reflect accurately the affairs and activities of the
association.
Retention Period: Not specified.
Citation: O.C.G.A. Section 44-3-3(10) . .
.records subject to inspection by commission. . ..
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To keep a copy of the instruments
executed in connection with the sale of parcels within a
subdivision.
Persons Affected: Developers or subdividers of
subdivided land which is the subject of a registration statement
filed with the Georgia Real Estate Commission pursuant to
O.C.G.A. Section 44-3-3.
Retention Period: Not specified.
Citation: O.C.G.A. Section 44-3-14 Business
records required.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To keep (1) a copy of each item
required to be submitted to the Georgia Real Estate Commission on
the application for registration as provided in O.C.G.A. Section
44-3-3; and (2) a copy of the sales agreement from each sale
relating to the purchase of real property in a subdivision.
Persons Affected: Developers or subdividers of
subdivided land which is the subject of a registration statement
filed with the Georgia Real Estate Commission pursuant to
O.C.G.A. Section 44-3-3.
Retention Period: Not specified.
Citation: O.C.G.A. Section 44-3-189
Developer's financial records of time-share project;
availability; periodic reports; transfer of developer's interest
subject to debts.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To retain financial records of the
schedule of payments required to be made in the developer's
financing of a time-share program and the payments made to any
person or entity which is the holder of an underlying blanket
mortgage, deed of trust, contract of sale, or other lien or
encumbrance which is not subordinated to the time-share program.
Persons Affected: The developer of a time-share
project.
Retention Period: Not specified.
Citation: O.C.G.A. Section 44-3-182 Financial
and other records of time-share project association or managing
agent.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To keep detailed financial records
concerning common expense assessments or maintenance assessments.
Persons Affected: The person or entity
responsible for making or collecting common expense assessments
or maintenance assessments for time-share projects or programs.
Retention Period: Not specified.
Citation: O.C.G.A. Section 44-3-200 Records
required to be kept by developer or agents.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To keep: (1) a copy of each item
required to be submitted to the Georgia Real Estate Commission on
the application for registration as provided in O.C.G.A. Section
44-3-193; (2) a copy of the sales agreement from each sale of a
time-share interval in the time-share project, which sales
agreement shall be retained for a period of at least three years
after parties to the sale have completely performed all of their
obligations thereunder; and (3) a list of all employees or
independent contractors, including their last known mailing
address, which list shall include all current and previous
employees or independent contractors whose employment or contract
has been terminated within the preceding three years.
Persons Affected: Any developer of a time-share
project or program and its agents.
Retention Period: With respect to item (1)
above, not specified; with respect to items (2) and (3) above,
three (3) years.
Citation: Rule 520-8-.04(1) Maintenance of
records.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To maintain: (1) a copy of the
escrow agreement for each time-share interval sold, or, if
alternative arrangements are made, a copy of the documents
relating to those arrangements; (2) copies of lien releases,
surety bonds, or other financial assurances executed by the
developer to protect purchasers against any claims against the
time-share program; (3) copies of management agreements entered
into with managing agents for the management of the time-share
program; (4) copies of agreements entered into with exchange
programs for the inclusion of the time-share project in the
exchange program's available facilities; and (5), for
multilocation developers, copies of certified public accountants'
reports required by O.C.G.A. Section 44-3-172(3)(F).
Persons Affected: Developers of time-share
programs.
Retention Period: A period of three years.
Related Code Sections: O.C.G.A. Sections
44-3-167, 44-3-172, 44-3-175, 44-3-180, 44-3-182, and 44-3-198.
Citation: Rule 520-8-.04(2) Maintenance of
records.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To maintain: (1) copies of
management agreements entered into with developers for the
management of time-share programs; and (2) copies of budgets and
statements sent to developers and time-share interval owners
accounting for common expense and maintenance assessments.
Persons Affected: Managing agents of time-share
programs.
Retention Period: A period of three years.
Related Code Sections: O.C.G.A. Sections
44-3-167, 44-3-172, 44-3-173, 44-3-175, 44-3-180, 44-3-182, and
44-3-198.
Citation: Rule 520-8-.04(3) Maintenance of
records.
Regulating Agency: Georgia Real Estate
Commission.
Requirement: To maintain: (1) copies of
agreements with developers for the inclusion of their projects in
the exchange program's available facilities; (2) copies of
agreements with time-share interval owners for their membership
in the exchange program; and (3) copies of certified public
accountant's reports as required by O.C.G.A. Section
44-3-172(2)(Q).
Persons Affected: Time-share exchange programs.
Retention Period: 3 years.
Related Code Sections: O.C.G.A. Sections
44-3-167, 44-3-172, 44-3-173, 44-3-175, 44-3-180, 44-3-182, and
44-3-198.
Citation: O.C.G.A. Section 44-12-132
Permanent records--Required; content.
Regulating Agency: Duly authorized law
enforcement officers.
Requirement: To maintain a permanent record book
in which must be entered in legible English at the time of each
loan, purchase, or sale: (1) the date of the transaction; (2) the
name of the person conducting the transaction; (3) the name, age,
and address of the customer; a description of the general
appearance of the customer; and the distinctive number from the
customer's driver's license or other similar identification card;
(4) an identification and description of the pledged or purchased
goods, including, if reasonably available, the serial, model, or
other number, and all identifying marks inscribed thereon; (5)
the number of the receipt or pawn ticket; (6) the price paid or
the amount loaned; (7) if payment is made by check, the number of
the check issued for the purchase price or loan; (8) the maturity
date of the transaction; and (9) the signature of the customer.
Persons Affected: Every pawnbroker.
Retention Period: A period of not less than four
years. (O.C.G.A. Section 44-12-134).
Related Code Sections: O.C.G.A. Section
44-12-133 (specifies form of record).
Citation: O.C.G.A. Section 44-12-228
Maintenance and retention of records.
Regulating Agency: Department of Revenue.
Requirement: To retain all books, records, and
documents necessary to establish the accuracy and compliance of
the report required to be filed under O.C.G.A. Section 44-12-214.
Persons Affected: Every financial institution,
banking organization, and business association and all other
holders of unclaimed property required to file a report under
O.C.G.A. Section 44-12-214.
Retention Period: General: Ten
years after the property becomes reportable, except to the extent
that shorter time is provided in accordance with O.C.G.A. Title
50, Chapter, 18, Article 5 [the Georgia Records Act] or by rule
of the Commissioner of Revenue. Special Situation:
Three years after the date the property is reportable, where the
property in question is outstanding traveler's checks, money
orders, or other similar written instruments (other than
third-party bank checks on which the issuing or selling business
association is liable) sold or provided to others for sale in
Georgia by any business association.