§ 25-32-101. Short title
This chapter may be cited as the “Uniform Electronic Transactions Act”.
§ 25-32-102. Definitions
In this chapter: (1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (2) “Automated transaction” means a transaction conducted or performed, in whole or in […]
§ 25-32-103. Scope
(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does 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; and (2) the Uniform […]
§ 25-32-104. Prospective application
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after March 19, 2001.
§ 25-32-105. Use of electronic records and electronic signatures — Variation by agreement
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to […]
§ 25-32-106. Construction and application
This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter […]
§ 25-32-107. Legal recognition of electronic records, electronic signatures, and electronic contracts
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record […]
§ 25-32-108. Provision of information in writing — Presentation of records
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the […]
§ 25-32-109. Attribution and effect of electronic record and electronic signature
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was […]
§ 25-32-110. Effect of change or error
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming […]
§ 25-32-111. Notarization and acknowledgment
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature […]
§ 25-32-112. Retention of electronic records — Originals
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) remains accessible […]
§ 25-32-113. Admissibility in evidence
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
§ 25-32-114. Automated transaction
In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements. (2) A contract may be formed by the interaction of an electronic agent […]
§ 25-32-115. Time and place of sending and receipt
(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient […]
§ 25-32-116. Transferable records
(a) In this section, “transferable record” means an electronic record that: (1) would be a note under Chapter 3 of the Uniform Commercial Code or a document under Chapter 7 of the Uniform Commercial Code if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is a […]
§ 25-32-117. Creation and retention of electronic records and conversion of written records by governmental agencies
(a) Each governmental agency of this State shall determine whether and the extent to which it will create and retain electronic records and convert written records to electronic records. (b) Each state agency shall comply with applicable standards and policies adopted or established by the Department of Transformation and Shared Services with advice and review […]
§ 25-32-118. Acceptance and distribution of electronic records by governmental agencies
(a) (1) Except as otherwise provided in § 25-32-112(f), each governmental agency of this state shall determine whether and the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (2) […]
§ 25-32-119. Interoperability
With respect to standards adopted pursuant to § 25-32-118, the Department of Finance and Administration may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify […]
§ 25-32-120. Severability clause
If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.