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Home » US Law » 2022 North Carolina General Statutes » Chapter 66 - Commerce and Business » Article 40 - Uniform Electronic Transactions Act.

§ 66-311 – Short title.

66-311. Short title. This Article may be cited as the Uniform Electronic Transactions Act. (2000-152, s. 1.)

§ 66-312 – Definitions.

66-312. Definitions. As used in this Article, unless the context clearly requires otherwise, the term: (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) […]

§ 66-313 – Scope.

66-313. Scope. (a) Except as otherwise provided in subsections (b), (c), and (e) of this section, this Article applies to electronic records and electronic signatures relating to a transaction. (b) This Article does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, […]

§ 66-314 – Prospective application.

66-314. Prospective application. This Article applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this Article. (2000-152, s. 1.)

§ 66-315 – Use of electronic records and electronic signatures; variation by agreement.

66-315. Use of electronic records and electronic signatures; variation by agreement. (a) This Article 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 Article applies only to transactions between parties each of which has agreed […]

§ 66-316 – Construction and application.

66-316. Construction and application. This Article 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 […]

§ 66-318 – Provision of information in writing; presentation of records.

66-318. 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, […]

§ 66-319 – Attribution and effect of electronic record and electronic signature.

66-319. 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 […]

§ 66-320 – Effect of change or error.

66-320. 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 […]

§ 66-321 – Notarization and acknowledgment.

66-321. Notarization and acknowledgment. If a law requires a signature or record relating to a transaction 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 […]

§ 66-322 – Retention of electronic records; originals.

66-322. 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 at the time it was first generated in its final form as an […]

§ 66-323 – Admissibility in evidence.

66-323. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (2000-152, s. 1.)

§ 66-324 – Automated transaction.

66-324. 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 […]

§ 66-325 – Time and place of sending and receipt.

66-325. Time and place of sending and receipt. (a) Unless otherwise agreed between a sender and a recipient, which in a consumer transaction must be reasonable under the circumstances, 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 […]

§ 66-326 – Transferable records.

66-326. Transferable records. (a) In this section, "transferable record" means an electronic record that: (1) Would be a note under Article 3 of Chapter 25 of the General Statutes or a document under Article 7 of Chapter 25 of the General Statutes if the electronic record were in writing; and (2) The issuer of the […]

§ 66-327 – Consumer transactions; alternative procedures for use or acceptance of electronic records or electronic signatures.

66-327. Consumer transactions; alternative procedures for use or acceptance of electronic records or electronic signatures. (a), (b) Repealed by Session Laws 2001-295, s. 5. (c) Consent to Electronic Records. – In a consumer transaction in which a statute, regulation, or rule of law of this State requires that information relating to a transaction or transactions […]

§ 66-328 – Procedures consistent with federal law.

66-328. Procedures consistent with federal law. Consistent with the provisions of section 7002(a) of the Electronic Signatures in the Global and National Commerce Act, 15 U.S.C 7002(a), this Article sets forth alternative procedures or requirements for the use of electronic records to establish the legal effect or validity of records in electronic transactions. (2001-295, s. […]

§ 66-329 – Choice of law in computer information agreement.

66-329. Choice of law in computer information agreement. A choice of law provision in a computer information agreement which provides that the contract is to be interpreted pursuant to the laws of a state that has enacted the Uniform Computer Information Transactions Act, as proposed by the National Conference of Commissioners on Uniform State Laws, […]

§ 66-330 – Severability clause.

66-330. Severability clause. If any provision of this Article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. (2000-152, […]