Section 53-12-39 – Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.
53-12-39. Effect of actual knowledge that electronic record purportedly sent or received was not sent or received. If a person is aware that an electronic record purportedly sent under §53-12-33, or purportedly received under §53-12-34, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. […]
Section 53-12-25 – Satisfying requirement that record be retained.
53-12-25. Satisfying requirement that record be retained. 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 or […]
Section 53-12-26 – Requirement that record be retained does not apply to certain information.
53-12-26. Requirement that record be retained does not apply to certain information. A requirement to retain a record in accordance with §53-12-25 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. Source: SL 2000, ch 225, §26.
Section 53-12-27 – Services of another person for retention of records authorized.
53-12-27. Services of another person for retention of records authorized. A person may satisfy §53-12-25 by using the services of another person if the requirements of that subsection are satisfied. Source: SL 2000, ch 225, §27.
Section 53-12-28 – Retention of record in its original form.
53-12-28. Retention of record in its original form. If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with §53-12-25. Source: SL 2000, ch […]
Section 53-12-29 – Retention of check.
53-12-29. Retention of check. If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with §53-12-25. Source: SL 2000, ch 225, §29.
Section 53-12-20 – Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement–Exceptions.
53-12-20. Requirements of §§53-12-17 to 53-12-19, inclusive, not to be varied by agreement–Exceptions. No requirement of §§53-12-17 to 53-12-19, inclusive, may be varied by agreement, but: (1)To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the […]
Section 53-12-21 – Attributing electronic signature or record to person.
53-12-21. Attributing electronic signature or record to person. 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 […]
Section 53-12-22 – Effect of electronic record or signature to be determined from context.
53-12-22. Effect of electronic record or signature to be determined from context. The effect of an electronic record or electronic signature attributed to a person under §53-12-21 is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by […]
Section 53-12-23 – Effect of change or error in electronic record.
53-12-23. Effect of change or error in electronic record. 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 […]