Section 450.831 – Short Title.
450.831 Short title. Sec. 1. This act shall be known and may be cited as the “uniform electronic transactions act”. History: 2000, Act 305, Imd. Eff. Oct. 16, 2000
Section 450.832 – Definitions.
450.832 Definitions. Sec. 2. As used 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 […]
Section 450.833 – Applicability of Act to Electronic Records and Signatures; Exception for 2020.
450.833 Applicability of act to electronic records and signatures; exception for 2020. Sec. 3. (1) Except as otherwise provided in subsection (2) and section 4, this act applies to electronic records and electronic signatures relating to a transaction. (2) Except as otherwise provided in section 18a, this act does not apply to a transaction to […]
Section 450.834 – Applicability of Act; Commencement.
450.834 Applicability of act; commencement. Sec. 4. 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: 2000, Act 305, Imd. Eff. Oct. 16, 2000
Section 450.835 – Scope of Act; Terms.
450.835 Scope of act; terms. Sec. 5. (1) 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 in electronic form. (2) This act applies only to transactions between parties each of which has agreed to conduct transactions by […]
Section 450.835a – Amending, Reaffirming, or Repealing Restrictive Covenant by Electronic Signature.
450.835a Amending, reaffirming, or repealing restrictive covenant by electronic signature. Sec. 5a. If restrictive covenants apply to more than 250 lots or parcels of real property in a single development and the law of this state allows the owners of the real property to amend, reaffirm, or repeal the restrictive covenants, the owner of a […]
Section 450.836 – Construction of Act.
450.836 Construction of act. Sec. 6. This act shall be construed and applied to all of the following: (a) Electronic transactions consistent with other applicable law. (b) Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices. (c) Effectuate its general purpose to make uniform the law with respect […]
Section 450.837 – Record or Signature in Electronic Form; Legal Effect; Enforcement.
450.837 Record or signature in electronic form; legal effect; enforcement. Sec. 7. (1) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If […]
Section 450.838 – Agreement to Conduct Transaction by Electronic Means; Satisfaction of Legal Requirement.
450.838 Agreement to conduct transaction by electronic means; satisfaction of legal requirement. Sec. 8. (1) 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 […]
Section 450.839 – Attribution of Electronic Record or Signature.
450.839 Attribution of electronic record or signature. Sec. 9. (1) An electronic record or electronic signature is attributable to a person if it is 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 […]
Section 450.840 – Change or Error in Transmission of Electronic Record.
450.840 Change or error in transmission of electronic record. Sec. 10. 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 1 party has conformed to […]
Section 450.841 – Signature Notarized, Acknowledged, Verified, or Made Under Oath; Satisfaction of Requirement.
450.841 Signature notarized, acknowledged, verified, or made under oath; satisfaction of requirement. Sec. 11. 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 […]
Section 450.842 – Retention of Record.
450.842 Retention of record. Sec. 12. (1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information if the record does both of the following: (a) Accurately reflects the information set forth in the record after it was first generated in its final form […]
Section 450.843 – Evidence of Record or Signature in Criminal or Civil Proceeding.
450.843 Evidence of record or signature in criminal or civil proceeding. Sec. 13. In a criminal or civil proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form. History: 2000, Act 305, Imd. Eff. Oct. 16, 2000
Section 450.844 – Automated Transaction; Applicable Rules.
450.844 Automated transaction; applicable rules. Sec. 14. In an automated transaction, all of 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 […]
Section 450.845 – Electronic Record Considered Sent or Received.
450.845 Electronic record considered sent or received. Sec. 15. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it complies with all of the following: (a) It is addressed properly or otherwise directed properly to an information processing system that the recipient uses for the purpose of receiving […]
Section 450.846 – Transferable Record.
450.846 Transferable record. Sec. 16. (1) As used in this section, “transferable record” means an electronic record that meets both of the following: (a) Would be a note under article 3 of the uniform commercial code, MCL 440.3101 to 440.3605, or a document under article 7 of the uniform commercial code, MCL 440.7101 to 440.7702, […]
Section 450.848 – Use of Electronic Records and Signatures by Governmental Agency; Determination by Department of Technology, Management, and Budget.
450.848 Use of electronic records and signatures by governmental agency; determination by department of technology, management, and budget. Sec. 18. (1) Except as otherwise provided in section 12(6), the department of technology, management, and budget shall determine whether, and the extent to which, each state department will send and accept electronic records and electronic signatures […]
Section 450.848a – Strict Compliance Exception for 2020 to 2021; Applicability to Transactions Under Uniform Commercial Code.
450.848a Strict compliance exception for 2020 to 2021; applicability to transactions under uniform commercial code. Sec. 18a. (1) Notwithstanding any other provision of this act, for the period beginning April 30, 2020 and ending June 30, 2021, strict compliance with section 18 is suspended to permit each state department to send and accept electronic records […]
Section 450.849 – Standards Adopted by Other Governmental Agencies.
450.849 Standards adopted by other governmental agencies. Sec. 19. (1) The department of management and budget may encourage and promote consistency and interoperability with similar standards adopted by other governmental agencies of this state and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. (2) If appropriate, the […]