Section 14-16-2 – Definitions.
As used in the Uniform Electronic Transactions Act: (1) “agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction; (2) “automated transaction” means a transaction conducted or performed, […]
Section 14-16-3 – Scope.
A. Except as otherwise provided in Subsection B of this section, the Uniform Electronic Transactions Act applies to electronic records and electronic signatures relating to a transaction. B. The Uniform Electronic Transactions Act does not apply to: (1) a transaction to the extent it is governed by: (a) a law governing the creation and execution […]
Section 14-16-4 – Prospective application.
The Uniform Electronic Transactions Act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of that act. History: Laws 2001, ch. 131, § 4.
Section 14-16-5 – Use of electronic records and electronic signatures; variation by agreement.
(a) The Uniform Electronic Transactions 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 in electronic form. (b) The Uniform Electronic Transactions Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic […]
Section 14-16-6 – Construction and application.
The Uniform Electronic Transactions Act 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 […]
Section 14-16-7 – 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 […]
Section 14-16-8 – 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 […]
Section 14-16-9 – 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 […]
Section 14-16-10 – 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 […]
Section 14-16-11 – 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 […]