O.C.G.A.
O.C.G.A.

O.C.G.A. § 10-12-3 (2019)

Applicability to electronic records and signatures relating to a transaction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) 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. (c) 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. (d) A transaction subject to this chapter shall also be subject to other applicable substantive law. (e) 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.

History

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

Annotations

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.”

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2022 · leading case: State of Georgia v. Fed. Def. Prog., Inc., 315 Ga. 319 (Ga. 2022).
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State of Georgia v. Fed. Def. Prog., Inc., 315 Ga. 319 (Ga. 2022). · cites it 8× “OCGA § 10-12-3 (a) provides that “[e]xcept as otherwise provided in subsection (b) of this Code section,[11] this chapter shall apply to electronic records and electronic signatures relating to a transaction.”
Bd. of Regents of the Univ. Sys. of Georgia v. Winter, 771 S.E.2d 201 (Ga. Ct. App. 2015). · cites it 2× “OCGA § 10-12-3 (2005). But Winter has not provided any evidence that he provided an electronic signature at any time during his negotiations with UGA.”
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