§ 53-12-152 - Filing of deeds and amendments thereto; filing of copies with Secretary of State
               	 		
O.C.G.A.    53-12-152   (2010)
   53-12-152.    Filing of deeds and amendments thereto; filing of copies with Secretary of State 
      (a)  The  deed creating a trust estate as provided in Code Section 53-12-151  shall, within 30 days of the execution thereof, be filed by the trustee  in the office of the clerk of the superior court of the county in which  the principal office of the trust is located. The trustee shall  concurrently pay to the clerk the fee prescribed in Code Section  15-6-77. Upon the deed being filed with the clerk and the fees being  paid, the clerk shall deliver to the trustee or his or her attorney two  certified copies of the deed, the filing of the clerk thereon, and a  receipt for the costs which have been paid to the clerk.
(b)  Upon  receiving the two certified copies of the deed, the trustee or his or  her attorney shall present the same to the Secretary of State and shall  pay $5.00 to the Secretary of State. The Secretary of State shall  thereupon attach to one of the certified copies of the deed a  certificate in substantially the following form:
STATE OF GEORGIA
OFFICE OF THE SECRETARY OF STATE
      This  is  to  certify  that  a  copy  of  the  attached  certified  copy  of  a  deed,  
      declaration,  or  agreement  of  trust  dated              ,  by  and  between                            as  
      settlor(s)  and                            as  trustee(s),  which  states  that  the  trustee(s)  may  
      use  the  name  of              ,  has  been  duly  filed  in  the  office  of  the  Secretary  
      of  State  and  the  fees  paid  therefor,  as  provided  by  law.
      WITNESS  my  hand  and  official  seal  this                day  of                  ,        .
  
                                                                                                                                                                              
  
                                                                                                                          Secretary  of  State
  
      (c)  The  certified  copy  of  the  deed,  together  with  the  certificate  of  the  
Secretary  of  State  thereon,  shall  be  received  as  evidence  in  any  court  or  
proceeding  as  evidence  of  the  existence  of  the  trust  and  of  its  nature,  terms,  
and  conditions.
  
      (d)  The  Secretary  of  State,  at  any  time,  upon  the  request  of  any  person,  
shall  make  and  certify  additional  copies  of  the  deed,  filing  of  the  clerk,  and  
certificate  of  the  Secretary  of  State,  upon  payment  to  him  or  her  of  a  fee  of  
$1.00,  plus  10  cent(s)  per  100  words  for  copying,  and  the  additional  certified  
copies  shall  be  likewise  admitted  in  evidence  with  like  force  and  effect.
  
      (e)  Any  amendment  of  a  deed  shall  be  filed  with  the  clerk  of  the  superior  
court  and  the  Secretary  of  State  in  the  same  manner  and  under  the  same  
conditions  required  in  the  filing  of  the  original  deed,  and  the  fees  payable  
upon  the  filing  shall  be  computed  as  if  the  filing  were  of  an  original  deed.