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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 2. RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS · Article 1. RECORDING · Part 2. Uniform Real Property Electronic Recording

44-2-38. Role of clerk of court.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. A clerk of superior court:

  2. (1)

    Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority;#

  3. (2)

    May receive, index, store, archive, and transmit electronic documents;#

  4. (3)

    May provide for access to, and search and retrieval of, documents and information by electronic means;#

  5. (4)

    Who accepts electronic documents for recording shall continue to accept for filing paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law;#

  6. (5)

    For archival purposes, may convert into electronic form paper documents accepted for recording;#

  7. (6)

    May convert into electronic form historical documents recorded on paper;#

  8. (7)

    May accept electronically any fee or other moneys that the clerk of superior court is authorized to collect; and#

  9. (8)

    May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to electronically facilitate satisfaction of prior approvals and conditions precedent to recording and on the electronic payment of statutorily required fees and other moneys.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-2-38, enacted by Ga. L. 2009, p. 695, § 1/HB 127.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, pages 87 to 88; merge action: carried; file SHA-256 490191d3dc54.