16-1601 Short title.
16-1601. Short title. This act shall be known and may be cited as the uniform electronic transactions act. History: L. 2000, ch. 120, § 1; July 1.
16-1602 Definitions.
16-1602. Definitions. In this act: (a) “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. (b) “Automated transaction” means a transaction conducted or performed, in whole […]
16-1603 Scope.
16-1603. Scope. (a) Except as otherwise provided in subsection (b), this act applies to electronic records and electronic signatures relating to a transaction. (b) This act 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) […]
16-1604 Prospective application.
16-1604. Prospective application. This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this act. History: L. 2000, ch. 120, § 4; July 1.
16-1605 Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies.
16-1605. Use of electronic records and electronic signatures; state agency written standards governing use of electronic signatures; rules and regulations governing use of digital signatures by state agencies. (a) This act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or […]
16-1606 Construction and application.
16-1606. Construction and application. This act must be construed and applied: (a) To facilitate electronic transactions consistent with other applicable law; (b) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (c) to effectuate its general purpose to make uniform the law with respect to the […]
16-1607 Legal recognition of electronic records, electronic signatures and electronic contracts.
16-1607. 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 […]
16-1608 Provision of information in writing; presentation of records.
16-1608. 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 requirements is satisfied if the information is provided, sent or delivered, as the case may be, […]
16-1609 Attribution and effect of electronic records and electronic signatures.
16-1609. Attribution and effect of electronic records and electronic signatures. (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 […]
16-1610 Effect of change or error.
16-1610. 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: (a) 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 […]
16-1611 Notarization and acknowledgment; electronic notarization.
16-1611. Notarization and acknowledgment; electronic notarization. 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 […]
16-1612 Retention of electronic records; originals.
16-1612. 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 […]
16-1613 Admissibility in evidence.
16-1613. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. History: L. 2000, ch. 120, § 13; July 1.
16-1614 Automated transactions.
16-1614. Automated transactions. In an automated transaction, the following rules apply: (a) 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. (b) A contract may be formed by the interaction of […]
16-1615 Time and place of sending and receipt.
16-1615. 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 […]
16-1616 Transferable records.
16-1616. Transferable records. (a) In this section, “transferable record” means an electronic record that: (1) Would be a note under article 3 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, or a document under article 7 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, if the electronic record were […]
16-1617 Registered certification authorities.
16-1617. Registered certification authorities. (a) Any person, before entering upon the duties of a registered certification authority, shall: (1) Register with the secretary on forms approved and provided by the secretary; (2) pay to the secretary an annual filing fee of $1,000; (3) file with the secretary a good and sufficient surety bond, certificate of […]
16-1618 Rules and regulations.
16-1618. Rules and regulations. The secretary may adopt rules and regulations to implement the provisions of K.S.A. 16-1617 and 16-1619, and amendments thereto, and related provisions thereto. History: L. 2000, ch. 120, § 18; July 1.
16-1619 Reciprocity with other jurisdictions.
16-1619. Reciprocity with other jurisdictions. The secretary shall have the authority to establish reciprocity with other states and nations for purposes of K.S.A. 16-1617 and 16-1618, and amendments thereto, and related provisions thereto. History: L. 2000, ch. 120, § 19; July 1.
16-1620 Severability.
16-1620. Severability. 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. History: L. […]