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53-12 ELECTRONIC TRANSACTIONS
CHAPTER 53-12

ELECTRONIC TRANSACTIONS

53-12-1      Definition of terms.
53-12-2      Transactions governed by chapter.
53-12-3      Transactions not governed by chapter.
53-12-4      Transactions excluded under § 53-12-3 that may be governed by chapter.
53-12-5      Transactions subject to chapter also subject to other applicable law.
53-12-6      Application of chapter.
53-12-7      Electronic record or signature not mandated.
53-12-8      Application solely to transactions between parties agreeing to electronic transaction.
53-12-9      Party agreeing to one electronic transaction may refuse others--Right not waivable.
53-12-10      Provisions of chapter may be varied by agreement except as otherwise provided.
53-12-11      Determination of legal consequences of electronic records or signatures.
53-12-12      Construction of chapter.
53-12-13      Electronic form of record or signature not grounds for denying its legal effect.
53-12-14      Electronic record used in contract formation not grounds for denying contract.
53-12-15      Electronic record satisfies requirement of a writing.
53-12-16      Electronic signature satisfies requirement of a signature.
53-12-17      Requirement of writing satisfied by sending of electronic record.
53-12-18      Requirement that record be posted, transmitted or formatted in certain manner.
53-12-19      Electronic record not enforceable against recipient in certain situations.
53-12-20      Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.
53-12-21      Attributing electronic signature or record to person.
53-12-22      Effect of electronic record or signature to be determined from context.
53-12-23      Effect of change or error in electronic record.
53-12-24      Notarization of electronic signature.
53-12-25      Satisfying requirement that record be retained.
53-12-26      Requirement that record be retained does not apply to certain information.
53-12-27      Services of another person for retention of records authorized.
53-12-28      Retention of record in its original form.
53-12-29      Retention of check.
53-12-30      Retention of record for evidentiary, audit, or like purposes.
53-12-31      Electronic form of record or signature not grounds for exclusion.
53-12-32      Formation and terms of contract in automated transaction.
53-12-33      Time that electronic record is sent.
53-12-34      Time that electronic record is received.
53-12-35      Location of information processing system irrelevant.
53-12-36      Place that electronic record is sent from and received.
53-12-37      Individual need not be aware of receipt.
53-12-38      Effect of electronic acknowledgment.
53-12-39      Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.
53-12-40      "Transferable record" defined.
53-12-41      Person having control of transferable record.
53-12-42      Requirements for creation, storage, and assignment of transferable record--Authoritative copy.
53-12-43      Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.


53-12-44      Obligor under transferable record has same rights and defenses as obligor under equivalent records.
53-12-45      Proof of control of transferable record.
53-12-46      Government agencies to determine extent to which electronic records will be created and retained.
53-12-47      Commissioner to promulgate rules for state agencies using electronic records and signatures.
53-12-48      Board of Regents to determine extent to which electronic records and signatures will be used.
53-12-49      Use of electronic records or signatures by government agencies not mandated.
53-12-50      Commissioner authorized to promote consistency and interoperability.


Title 53
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