53-12 ELECTRONIC TRANSACTIONS
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Definition of terms.
Transactions governed by chapter.
Transactions not governed by chapter.
Transactions excluded under § 53-12-3 that may be governed by chapter.
Transactions subject to chapter also subject to other applicable law.
Application of chapter.
Electronic record or signature not mandated.
Application solely to transactions between parties agreeing to electronic transaction.
Party agreeing to one electronic transaction may refuse others--Right not waivable.
Provisions of chapter may be varied by agreement except as otherwise provided.
Determination of legal consequences of electronic records or signatures.
Construction of chapter.
Electronic form of record or signature not grounds for denying its legal effect.
Electronic record used in contract formation not grounds for denying contract.
Electronic record satisfies requirement of a writing.
Electronic signature satisfies requirement of a signature.
Requirement of writing satisfied by sending of electronic record.
Requirement that record be posted, transmitted or formatted in certain manner.
Electronic record not enforceable against recipient in certain situations.
Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.
Attributing electronic signature or record to person.
Effect of electronic record or signature to be determined from context.
Effect of change or error in electronic record.
Notarization of electronic signature.
Satisfying requirement that record be retained.
Requirement that record be retained does not apply to certain information.
Services of another person for retention of records authorized.
Retention of record in its original form.
Retention of check.
Retention of record for evidentiary, audit, or like purposes.
Electronic form of record or signature not grounds for exclusion.
Formation and terms of contract in automated transaction.
Time that electronic record is sent.
Time that electronic record is received.
Location of information processing system irrelevant.
Place that electronic record is sent from and received.
Individual need not be aware of receipt.
Effect of electronic acknowledgment.
Effect of actual knowledge that electronic record purportedly sent or received was not
sent or received.
"Transferable record" defined.
Person having control of transferable record.
Requirements for creation, storage, and assignment of transferable record--Authoritative copy.
Person having control of transferable record is holder with same rights and defenses
as holder of equivalent record.
Obligor under transferable record has same rights and defenses as obligor under
Proof of control of transferable record.
Government agencies to determine extent to which electronic records will be created
Commissioner to promulgate rules for state agencies using electronic records and
Board of Regents to determine extent to which electronic records and signatures will
Use of electronic records or signatures by government agencies not mandated.
Commissioner authorized to promote consistency and interoperability.
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