53-12-1. Definition of terms. Terms used in this chapter mean: (1)”Agreement,” the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction; (2)”Automated transaction,” a transaction conducted or performed, in whole […]
53-12-10. Provisions of chapter may be varied by agreement except as otherwise provided. Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, does not imply that […]
53-12-11. Determination of legal consequences of electronic records or signatures. Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. Source: SL 2000, ch 225, §11.
53-12-12. Construction of chapter. This chapter shall 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 subject of this […]
53-12-13. Electronic form of record or signature not grounds for denying its legal effect. No record or signature may be denied legal effect or enforceability solely because it is in electronic form. Source: SL 2000, ch 225, §13.
53-12-14. Electronic record used in contract formation not grounds for denying contract. No contract may be denied legal effect or enforceability solely because an electronic record was used in its formation. Source: SL 2000, ch 225, §14.
53-12-15. Electronic record satisfies requirement of a writing. If a law requires a record to be in writing, an electronic record satisfies the law. Source: SL 2000, ch 225, §15.
53-12-16. Electronic signature satisfies requirement of a signature. If a law requires a signature, an electronic signature satisfies the law. Source: SL 2000, ch 225, §16.
53-12-17. Requirement of writing satisfied by sending of electronic record. 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, […]
53-12-18. Requirement that record be posted, transmitted or formatted in certain manner. If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner; the following rules […]
53-12-19. Electronic record not enforceable against recipient in certain situations. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. Source: SL 2000, ch 225, §19.
53-12-2. Transactions governed by chapter. Except as otherwise provided in §53-12-3, this chapter applies to electronic records and electronic signatures relating to a transaction. Source: SL 2000, ch 225, §2.
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 […]
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 […]
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 […]
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 […]
53-12-24. Notarization of electronic signature. 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 […]
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 […]
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.
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.
