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2018 Georgia Code 10-12-3 | Car Wreck Lawyer

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."

Cases Citing O.C.G.A. § 10-12-3

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Blake v. State, 292 Ga. 516 (Ga. 2013).

Cited 24 times | Published | Supreme Court of Georgia | Mar 4, 2013 | 739 S.E.2d 319, 2013 Fulton County D. Rep. 434

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Danenberg v. State, 291 Ga. 439 (Ga. 2012).

Cited 24 times | Published | Supreme Court of Georgia | Jun 25, 2012 | 729 S.E.2d 315, 2012 Fulton County D. Rep. 1983

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State of Georgia v. Fed. Def. Prog., Inc., 315 Ga. 319 (Ga. 2022).

Cited 19 times | Published | Supreme Court of Georgia | Dec 20, 2022

...ead it in isolation, but rather, we read it in the context of the other statutory provisions of which it is a part.” Hartley v. Agnes Scott College, 295 Ga. 458, 462 (2) (b) (759 SE2d 857) (2014) (citation and punctuation omitted). 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.” In turn, a “[t]ransaction” is def...
...of “governmental affairs,” OCGA § 10-12-2 (16), and the term “person” is defined to include a “governmental agency,” OCGA § 10- 12-2 (12), when a governmental agency such as the Department of Law is engaged in a transaction within the scope of the GUETA, see OCGA § 10-12-3, its provisions will apply, if “the context and surrounding circumstances, including the parties’ conduct,” 34 demonstrate that the parties “agreed to conduct [the particular] transaction[ at issue] by electronic means,” OCGA § 10-12-5 (b)....
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Hines v. Georgia Ports Auth., 604 S.E.2d 189 (Ga. 2004).

Cited 14 times | Published | Supreme Court of Georgia | Oct 12, 2004 | 278 Ga. 631