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 […]
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.
53-12-3. Transactions not governed by chapter. This chapter does not apply to a transaction to the extent it is governed by: (1)The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts; (2)The Uniform Commercial Code other than §§57A-1-107 and 57A-1-206, and chapters 57A-2, 57A-2A, and 57A-9; and […]
53-12-30. Retention of record for evidentiary, audit, or like purposes. A record retained as an electronic record in accordance with §53-12-25 satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2000, specifically prohibits the use of an electronic record for the […]
53-12-31. Electronic form of record or signature not grounds for exclusion. In a proceeding, no evidence of a record or signature may be excluded solely because it is in electronic form. Source: SL 2000, ch 225, §31.
53-12-32. Formation and terms of contract in 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 […]
53-12-33. Time that electronic record is sent. 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 of the type sent […]
53-12-34. Time that electronic record is received. Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1)It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able […]
53-12-35. Location of information processing system irrelevant. Section 53-12-34 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under §53-12-36. Source: SL 2000, ch 225, §35.
53-12-36. Place that electronic record is sent from and received. Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this section, […]
53-12-37. Individual need not be aware of receipt. An electronic record is received under §53-12-34 even if no individual is aware of its receipt. Source: SL 2000, ch 225, §37.
53-12-38. Effect of electronic acknowledgment. Receipt of an electronic acknowledgment from an information processing system described in §53-12-34 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. Source: SL 2000, ch 225, §38.
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. […]
53-12-4. Transactions excluded under §53-12-3 that may be governed by chapter. This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under §53-12-3 to the extent it is governed by a law other than those specified in §53-12-3. Source: SL 2000, ch 225, §4.
53-12-40.”Transferable record” defined. For purposes of this chapter, the term, transferable record, means an electronic record that: (1)Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing; and (2)The issuer of the electronic record expressly […]
53-12-41. Person having control of transferable record. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. Source: SL 2000, ch 225, §41.
53-12-42. Requirements for creation, storage, and assignment of transferable record–Authoritative copy. A system satisfies §53-12-41, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1)A single authoritative copy of the transferable record exists that is unique, identifiable, and, […]
53-12-43. Person having control of transferable record is holder with same rights and defenses as holder of equivalent record. Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision 57A-1-201(20), of the transferable record and has the same rights and defenses as a holder of an […]
53-12-44. Obligor under transferable record has same rights and defenses as obligor under equivalent records. Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code. Source: SL 2000, ch 225, §44.
53-12-45. Proof of control of transferable record. If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records […]
