§39A-1-1. Short Title
This article may be cited as the uniform electronic transactions act.
§39A-1-10. 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: (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 the other party has not and the nonconforming […]
§39A-1-11. 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 associated with the signature […]
§39A-1-12. Retention of Electronic Records; Originals
(a) 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 otherwise; and
§39A-1-13. Admissibility in Evidence
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
§39A-1-14. 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.
§39A-1-15. Time and Place of Sending and Receipt
(a) 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 and from which the recipient […]
§39A-1-16. Transferable Records
(a) In this section, "transferable record" means an electronic record that: (1) Would be a note under article three, chapter forty-six of this code or a document under article seven of said chapter if the electronic record were in writing; and
§39A-1-17. Relationship With Federal Law
The enactment of this article is an enactment of the Uniform Electronic Transactions Act (UETA) as approved for enactment in all of the states by the national conference of commissioners on uniform state laws in one thousand nine hundred ninety-nine and is an exception to preemption of state law as permitted by section one hundred […]
§39A-1-2. Definitions
In this chapter: (1) "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 effect of agreements under laws otherwise applicable to a particular transaction.
§39A-1-3. Scope
(a) Except as otherwise provided in subsection (d) of this section, this article applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils or testamentary trusts; and
§39A-1-4. Prospective Application
This article applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this article.
§39A-1-5. Use of Electronic Records and Electronic Signatures; Variation by Agreement
(a) This article 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. (b) This article applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to […]
§39A-1-6. Construction and Application
This article must be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law;
§39A-1-7. Legal Recognition of Electronic Records, Electronic Signatures and Electronic Contracts
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record […]
§39A-1-8. Provision of Information in Writing; Presentation of Records
(a) 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, in an electronic record capable of retention by the […]
§39A-1-9. Attribution and Effect of Electronic Record and Electronic Signature
(a) 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 the electronic record or electronic signature was […]