Section 42-127.1-1. – Short title.
§ 42-127.1-1. Short title. This chapter may be cited as the “Uniform Electronic Transactions Act”. History of Section.P.L. 2000, ch. 175, § 2; P.L. 2000, ch. 259, § 2.
Section 42-127.1-10. – Effect of change or error.
§ 42-127.1-10. 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 […]
Section 42-127.1-11. – Notarization and acknowledgement.
§ 42-127.1-11. Notarization and acknowledgement. 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 […]
Section 42-127.1-12. – Retention of electronic records — Originals.
§ 42-127.1-12. Retention of electronic records — Originals. (a) If a law requires that a record be retained, the requirements are 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 […]
Section 42-127.1-13. – Admissibility in evidence.
§ 42-127.1-13. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. History of Section.P.L. 2000, ch. 175, § 2; P.L. 2000, ch. 259, § 2.
Section 42-127.1-14. – Automated transaction.
§ 42-127.1-14. 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 […]
Section 42-127.1-15. – Time and place of sending and receipt.
§ 42-127.1-15. 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 […]
Section 42-127.1-16. – Transferable records.
§ 42-127.1-16. Transferable records. (a) In this section, “transferable record” means an electronic record that: (1) Would be a note under chapter 3 of title 6A or a document under chapter 7 of title 6A if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a […]
Section 42-127.1-17. – Creation and retention of electronic records and conversion of written records by governmental agencies.
§ 42-127.1-17. Creation and retention of electronic records and conversion of written records by governmental agencies. Each governmental agency of the state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records; provided, however, all determinations shall be governed by the provisions of […]
Section 42-127.1-18. – Acceptance and distribution of electronic records by governmental agencies.
§ 42-127.1-18. Acceptance and distribution of electronic records by governmental agencies. (a) Except as otherwise provided in § 42-127.1-12(f), each governmental agency of the 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, […]
Section 42-127.1-19. – Interoperability.
§ 42-127.1-19. Interoperability. A governmental agency of this state which adopts standards pursuant to § 42-127.1-18 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 non-governmental persons interacting with governmental agencies of this state. If appropriate, those standards may […]
Section 42-127.1-2. – Definitions.
§ 42-127.1-2. Definitions. For the purpose of 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 […]
Section 42-127.1-20. – Severability.
§ 42-127.1-20. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History […]
Section 42-127.1-3. – Scope.
§ 42-127.1-3. 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; or […]
Section 42-127.1-4. – Prospective application.
§ 42-127.1-4. Prospective application. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 13, 2000. Any electronic record or electronic signature created, generated, sent, communicated, received, or stored prior to the effective date of this chapter, but on or after the effective date […]
Section 42-127.1-5. – Use of electronic records and electronic signatures — Variations by agreement.
§ 42-127.1-5. Use of electronic records and electronic signatures — Variations 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 […]
Section 42-127.1-6. – Construction and application.
§ 42-127.1-6. 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 […]
Section 42-127.1-7. – Legal recognition of electronic records, electronic signatures, and electronic contracts.
§ 42-127.1-7. 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 […]
Section 42-127.1-8. – Provision of information in writing — Presentation of records.
§ 42-127.1-8. 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 […]
Section 42-127.1-9. – Attribution and effect of electronic record and electronic signature.
§ 42-127.1-9. 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 […]