10 §9401. Short title
§9401. Short title This chapter may be known and cited as the “Uniform Electronic Transactions Act.” [PL 1999, c. 762, §2 (NEW).] SECTION HISTORY PL 1999, c. 762, §2 (NEW).
10 §9402. Definitions
§9402. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 762, §2 (NEW).] 1. Agreement. “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 […]
10 §9403. Scope
§9403. Scope 1. General rule. Except as otherwise provided in subsection 2, this chapter applies to electronic records and electronic signatures relating to a transaction. [PL 1999, c. 762, §2 (NEW).] 2. Exceptions. This chapter does not apply to a transaction to the extent it is governed by: A. A law governing the […]
10 §9404. Prospective application
§9404. Prospective application This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this chapter. [PL 1999, c. 762, §2 (NEW).] SECTION HISTORY PL 1999, c. 762, §2 (NEW).
10 §9405. Use of electronic records and electronic signatures; variation by agreement
§9405. Use of electronic records and electronic signatures; variation by agreement 1. Electronic means or form not required. 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. [PL 1999, c. 762, §2 (NEW).] 2. […]
10 §9406. Construction and application
§9406. Construction and application This chapter must be construed and applied: [PL 1999, c. 762, §2 (NEW).] 1. Facilitation. To facilitate electronic transactions consistent with other applicable law; [PL 1999, c. 762, §2 (NEW).] 2. Reasonable practices. To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those […]
10 §9407. Legal recognition of electronic records, electronic signatures and electronic contracts
§9407. Legal recognition of electronic records, electronic signatures and electronic contracts 1. Form. An electronic record or electronic signature may not be denied legal effect or enforceability solely because it is in electronic form. [PL 1999, c. 762, §2 (NEW).] 2. Formation. A contract may not be denied legal effect or enforceability solely because […]
10 §9408. Provision of information in writing; presentation of records
§9408. Provision of information in writing; presentation of records 1. Writing. 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 […]
10 §9409. Attribution and effect of electronic record and electronic signature
§9409. Attribution and effect of electronic record and electronic signature 1. Attributable 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 […]
10 §9410. Effect of change or error
§9410. 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. [PL 1999, c. 762, §2 (NEW).] 1. Security procedure used. If the parties have agreed to use a security procedure to detect changes or errors and […]
10 §9411. Notarization and acknowledgment
§9411. Notarization and acknowledgment 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 logically […]
10 §9412. Retention of electronic records; originals
§9412. Retention of electronic records; originals 1. Requirement. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: A. Accurately reflects the information set forth in the record after it was first generated in its final form as an […]
10 §9413. Admissibility in evidence
§9413. Admissibility in evidence In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. [PL 1999, c. 762, §2 (NEW).] SECTION HISTORY PL 1999, c. 762, §2 (NEW).
10 §9414. Automated transaction
§9414. Automated transaction In an automated transaction, the following rules apply. [PL 1999, c. 762, §2 (NEW).] 1. Interaction of electronic agents. 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 […]
10 §9415. Time and place of sending and receipt
§9415. Time and place of sending and receipt 1. Sending. 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 […]
10 §9416. Transferable records
§9416. Transferable records 1. Definition. In this section, “transferable record” means an electronic record that: A. Would be a note under Title 11, Article 3‑A or a document under Title 11, Article 7‑A if the electronic record were in writing; and [PL 2009, c. 324, Pt. B, §1 (AMD); PL 2009, c. 324, […]
10 §9417. Creation and retention of electronic records and conversion of written records by governmental agencies
§9417. 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. [PL 1999, c. 762, §2 (NEW).] SECTION HISTORY PL 1999, c. […]
10 §9418. Acceptance and distribution of electronic records by governmental agencies
§9418. Acceptance and distribution of electronic records by governmental agencies 1. Option. Except as otherwise provided in section 9412, subsection 6, 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, […]
10 §9419. Interoperability
§9419. Interoperability A governmental agency of the State that adopts standards pursuant to section 9418 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this State and other states and the Federal Government and nongovernmental persons interacting with governmental agencies of the State. If appropriate, those standards may […]
10 §9420. Paperless billing
§9420. Paperless billing 1. Prohibition of certain fees. Except as authorized by federal law and regulation, a customer of a person may not be penalized by that person for opting out of receiving from the person a billing statement by electronic record rather than in paper form. A person may offer an incentive to a […]