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O.C.G.A. § 10-12-3 — Applicability to electronic records and signatures relating to a transaction | Georgia Code
O.C.G.A. § 10-12-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

Section 12. Electronic Transactions, 10-12-1 through 10-12-20.

ARTICLE 2 INVEST GEORGIA FUND

10-12-3. Applicability to electronic records and signatures relating to a transaction.

  1. Except as otherwise provided in subsection (b) of this Code section, this chapter shall apply to electronic records and electronic signatures relating to a transaction.
  2. This chapter shall not apply to a transaction to the extent it is governed by:
    1. A law governing the creation and execution of wills, codicils, or testamentary trusts;
    2. Title 11 other than Code Section 11-1-306, Article 2, and Article 2A; or
    3. The Uniform Computer Information Transactions Act.
  3. This chapter shall apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this Code section to the extent it is governed by a law other than those specified in subsection (b) of this Code section.
  4. A transaction subject to this chapter shall also be subject to other applicable substantive law.
  5. A governmental agency which is a party to a transaction subject to this chapter shall also be further subject to the records retention requirements for state and local government records established by state law.

(Code 1981, §10-12-3, enacted by Ga. L. 2009, p. 698, § 1/HB 126; Ga. L. 2015, p. 996, § 3C-4/SB 65.)

The 2015 amendment note, effective January 1, 2016, substituted "Code Section 11-1-306" for "Code Sections 11-1-107 and 11-1-206" in paragraph (b)(2).

Editor's notes.

- Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides that: "(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."

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.