Definitions

As used in this part, the term: (1) ‘‘Authority’’ means the Georgia Superior Court Clerks’ Cooperative Authority established pursuant to Code Section 15-6-94. (2) ‘‘Document’’ means information that is: (A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) Eligible to be recorded in the land records maintained by the clerk of superior court. (3) ‘‘Electronic’’ means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) ‘‘Electronic document’’ means a document that is received by the clerk of superior court in an electronic form. (5) ‘‘Electronic signature’’ means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. 86 44-2-38 (6) ‘‘Paper document’’ means a document that is received by the clerk of superior court that is not electronic. (7) ‘‘Person’’ means an individual, corporation, business trust, estate, trust partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) ‘‘State’’ means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Code 1981, § 44-2-36, enacted by Ga. L. 2009, p. 695, § 1/HB 127.) 44-2-37. Electronic documents treated as original; electronic signatures acceptable. (a) An electronic document prepared and filed in compliance with this part shall satisfy any requirement as a condition for recording that a document be an original, on paper or another tangible medium, or in writing. (b) An electronic signature shall satisfy any requirement as a condition for recording that a document be signed. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included by other applicable law, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. (Code 1981, § 44-2-37, enacted by Ga. L. 2009, p. 695, § 1/HB 127.) 44-2-38. Role of clerk of court.