Section 109 – Standards.
Effective 1/1/2019 46-5-109. Standards. In implementing this chapter, an official publisher of legal material in an electronic record shall consider: (1) standards and practices of other jurisdictions; (2) the most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated […]
Section 110 – Uniformity of application and construction.
Effective 1/1/2019 46-5-110. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Enacted by Chapter 100, 2018 General Session
Section 111 – Relation to Electronic Signatures in Global and National Commerce Act.
Effective 1/1/2019 46-5-111. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of […]
Section 105 – Authentication of official electronic record.
Effective 1/1/2019 46-5-105. Authentication of official electronic record. An official publisher of legal material in an electronic record that is designated as official under Section 46-5-104 shall authenticate the record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the record received by the user from […]
Section 106 – Effect of authentication.
Effective 1/1/2019 46-5-106. Effect of authentication. (1) Legal material in an electronic record that is authenticated under Section 46-5-105 is presumed to be an accurate copy of the legal material. (2) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and […]
Section 107 – Preservation and security of legal material in official electronic records.
Effective 1/1/2019 46-5-107. Preservation and security of legal material in official electronic records. (1) An official publisher of legal material in an electronic record that is or was designated as official under Section 46-5-104 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. […]
Section 108 – Public access to legal material in official electronic record.
Effective 5/14/2019 46-5-108. Public access to legal material in official electronic record. An official publisher of legal material in an electronic record that is required to be preserved under Section 46-5-107 shall ensure that the material is reasonably available for use by the public on a permanent basis. Amended by Chapter 136, 2019 General Session
Section 401 – Automated transaction.
46-4-401. 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 […]
Section 402 – Time and place of sending and receipt.
46-4-402. Time and place of sending and receipt. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) 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 of […]
Section 403 – Transferable records.
46-4-403. Transferable records. (1) As used in this section, “transferable record” means an electronic record that: (a) would be a note under Title 70A, Chapter 3, Uniform Commercial Code – Negotiable Instruments, or a document under Title 70A, Chapter 7a, Uniform Commercial Code – Documents of Title, if the electronic record were in writing; and […]