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CHAPTER 9-16ELECTRONIC TRANSACTIONS9-16-01. Definitions. In this chapter:1.&quot;Agreement&quot; means the bargain of the parties in fact, as found in the parties'<br>language or inferred from other circumstances and from rules and procedures given<br>the effect of agreements under laws otherwise applicable to a particular transaction.2.&quot;Automated transaction&quot; means a transaction conducted or performed, in whole or in<br>part, by electronic means or electronic records, in which the acts or records of one or<br>both parties are not reviewed by an individual in the ordinary course in forming a<br>contract, performing under an existing contract, or fulfilling an obligation required by<br>the transaction.3.&quot;Computer program&quot; means a set of statements or instructions to be used directly or<br>indirectly in an information processing system in order to bring about a certain result.4.&quot;Contract&quot; means the total legal obligation resulting from the parties' agreement as<br>affected by this chapter and other applicable law.5.&quot;Electronic&quot; means relating to technology having electrical, digital, magnetic,<br>wireless, optical, electromagnetic, or similar capabilities.6.&quot;Electronic agent&quot; means a computer program or an electronic or other automated<br>means used independently to initiate an action or respond to electronic records or<br>performances, in whole or in part, without review or action by an individual.7.&quot;Electronic record&quot; means a record created, generated, sent, communicated,<br>received, or stored by electronic means.8.&quot;Electronic signature&quot; means an electronic sound, symbol, or process attached to or<br>logically associated with a record and executed or adopted by a person with the<br>intent to sign the record.9.&quot;Governmental agency&quot; means an executive, legislative, or judicial agency,<br>department, board, commission, authority, institution, or instrumentality of the state.10.&quot;Information&quot; means data, text, images, sounds, codes, computer programs,<br>software, data bases, or the like.11.&quot;Information processing system&quot; means an electronic system for creating,<br>generating, sending, receiving, storing, displaying, or processing information.12.&quot;Record&quot; means information that is inscribed on a tangible medium or which is<br>stored in an electronic or other medium and is retrievable in perceivable form.13.&quot;Security procedure&quot; means a procedure employed for the purpose of verifying that<br>an electronic signature, record, or performance is that of a specific person or for<br>detecting changes or errors in the information in an electronic record. The term<br>includes a procedure that requires the use of algorithms or other codes, identifying<br>words or numbers, encryption, or callback or other acknowledgment procedures.14.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States.The term includes an Indian tribe or band, orAlaskan native village, which is recognized by federal law or formally acknowledged<br>by a state.Page No. 115.&quot;Transaction&quot; means an action or set of actions occurring between two or more<br>persons relating to the conduct of business, commercial, or governmental affairs.9-16-02. Scope.1.Except as otherwise provided in subsection 2, this chapter applies to electronic<br>records and electronic signatures relating to a transaction.2.This chapter does not apply to a transaction to the extent the transaction is governed<br>by:a.A law governing the creation and execution of wills, codicils, or testamentary<br>trusts;b.The Uniform Commercial Code other than section 41-01-20 and chapters 41-02<br>and 41-02.1; andc.Chapters 41-03, 41-04, 41-04.1, 41-05, 41-07, 41-08, or 41-09.3.This chapter applies to an electronic record or electronic signature otherwise<br>excluded from the application of this chapter under subsection 2 to the extent it is<br>governed by a law other than those specified in subsection 2.4.A transaction subject to this chapter is also subject to other applicable substantive<br>law.9-16-03.Prospective application.This chapter applies to any electronic record orelectronic signature created, generated, sent, communicated, received, or stored after July 31,<br>2001.9-16-04.Use of electronic records and electronic signatures - Variation byagreement.1.This chapter does not require a record or signature to be created, generated, sent,<br>communicated, received, stored, or otherwise processed or used by electronic<br>means or in electronic form.2.This chapter applies only to transactions between parties each of which has agreed<br>to conduct transactions by electronic means. Whether the parties agree to conduct<br>transactions by electronic means is determined from the context and surrounding<br>circumstances, including the parties' conduct.3.If a party agrees to conduct a transaction by electronic means, this chapter does not<br>prohibit the party from refusing to conduct other transactions by electronic means.<br>This subsection may not be varied by agreement.4.Except as otherwise provided in this chapter, the effect of any of this chapter's<br>provisions may be varied by agreement. The presence in certain provisions of this<br>chapter of the words &quot;unless otherwise agreed&quot;, or words of similar import, does not<br>imply that the effect of other provisions may not be varied by agreement.5.Whether an electronic record or electronic signature has legal consequences is<br>determined by this chapter and other applicable law.9-16-05. Construction and application. This chapter must be construed and applied:1.To facilitate electronic transactions consistent with other applicable law;Page No. 22.To be consistent with reasonable practices concerning electronic transactions and<br>with the continued expansion of those practices; and3.To effectuate its general purpose to make uniform the law with respect to the subject<br>of this chapter among states enacting it.9-16-06.Legal recognition of electronic records, electronic signatures, andelectronic contracts.1.A record or signature may not be denied legal effect or enforceability solely because<br>the record or signature is in electronic form.2.A contract may not be denied legal effect or enforceability solely because an<br>electronic record was used in the contract's formation.3.If a law requires a record to be in writing, an electronic record satisfies the law.4.If a law requires a signature, an electronic signature satisfies the law.9-16-07. Provision of information in writing - Presentation of records.1.If parties have agreed to conduct transactions by electronic means and a law<br>requires a person to provide, send, or deliver information in writing to another<br>person, the requirement is satisfied if the information is provided, sent, or delivered,<br>as the case may be, in an electronic record capable of retention by the recipient at<br>the time of receipt. An electronic record is not capable of retention by the recipient if<br>the sender or the sender's information processing system inhibits the ability of the<br>recipient to print or store the electronic record.2.If a law other than this chapter requires a record to be posted or displayed in a<br>certain manner, to be sent, communicated, or transmitted by a specified method, or<br>to contain information that is formatted in a certain manner, the following rules apply:a.The record must be posted or displayed in the manner specified in the other<br>law.b.Except as otherwise provided in subdivision b of subsection 4, the record must<br>be sent, communicated, or transmitted by the method specified in the other law.c.The record must contain the information formatted in the manner specified in<br>the other law.3.If a sender inhibits the ability of a recipient to store or print an electronic record, the<br>electronic record is not enforceable against the recipient.4.The requirements of this section may not be varied by agreement, but:a.To the extent a law other than this chapter requires information to be provided,<br>sent, or delivered in writing but permits that requirement to be varied by<br>agreement, the requirement under subsection 1 that the information be in the<br>form of an electronic record capable of retention may also be varied by<br>agreement; andb.A requirement under a law other than this chapter to send, communicate, or<br>transmit a record by United States mail first-class postage prepaid may be<br>varied by agreement to the extent permitted by the other law.9-16-08. Attribution and effect of electronic record and electronic signature.Page No. 31.An electronic record or electronic signature is attributable to a person if it was the act<br>of the person. The act of the person may be shown in any manner, including a<br>showing of the efficacy of any security procedure applied to determine the person to<br>which the electronic record or electronic signature was attributable.2.The effect of an electronic record or electronic signature attributed to a person under<br>subsection 1 is determined from the context and surrounding circumstances at the<br>time of the record's or signature's creation, execution, or adoption, including the<br>parties' agreement, if any, and otherwise as provided by law.9-16-09. Effect of change or error. If a change or error in an electronic record occurs ina 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<br>and one party has conformed to the procedure, but the other party has not, and the<br>nonconforming party would have detected the change or error had that party also<br>conformed, the conforming party may avoid the effect of the changed or erroneous<br>electronic record.2.In an automated transaction involving an individual, the individual may avoid the<br>effect of an electronic record that resulted from an error made by the individual in<br>dealing with the electronic agent of another person if the electronic agent did not<br>provide an opportunity for the prevention or correction of the error and, at the time<br>the individual learns of the error, the individual:a.Promptly notifies the other person of the error and that the individual did not<br>intend to be bound by the electronic record received by the other person;b.Takes reasonable steps, including steps that conform to the other person's<br>reasonable instructions, to return to the other person or, if instructed by the<br>other person, to destroy the consideration received, if any, as a result of the<br>erroneous electronic record; andc.Has not used or received any benefit or value from the consideration, if any,<br>received from the other person.3.If neither subsection 1 nor subsection 2 applies, the change or error has the effect<br>provided by other law, including the law of mistake, and the parties' contract, if any.4.Subsections 2 and 3 may not be varied by agreement.9-16-10. Notarization and acknowledgment. If a law requires a signature or record tobe notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the<br>electronic signature of the person authorized to perform those acts, together with all other<br>information required to be included by other applicable law, is attached to or logically associated<br>with the signature or record.9-16-11. Retention of electronic records - Originals.1.If a law requires that a record be retained, the requirement is satisfied by retaining<br>an electronic record of the information in the record which:a.Accurately reflects the information set forth in the record after it was first<br>generated in its final form as an electronic record or otherwise; andb.Remains accessible for later reference.Page No. 42.A requirement to retain a record in accordance with subsection 1 does not apply to<br>any information the sole purpose of which is to enable the record to be sent,<br>communicated, or received.3.A person may satisfy subsection 1 by using the services of another person if the<br>requirements of that subsection are satisfied.4.If a law requires a record to be presented or retained in the record's original form, or<br>provides consequences if the record is not presented or retained in the record's<br>original form, that law is satisfied by an electronic record retained in accordance with<br>subsection 1.5.If a law requires retention of a check, that requirement is satisfied by retention of an<br>electronic record of the information on the front and back of the check in accordance<br>with subsection 1.6.A record retained as an electronic record in accordance with subsection 1 satisfies a<br>law requiring a person to retain a record for evidentiary, audit, or like purposes,<br>unless a law enacted after July 31, 2001, specifically prohibits the use of an<br>electronic record for the specified purpose.7.This section does not preclude a governmental agency of this state from specifying<br>additional requirements for the retention of a record subject to the agency's<br>jurisdiction.9-16-12. Admissibility in evidence. In a proceeding, evidence of a record or signaturemay not be excluded solely because it is in electronic form.9-16-13.Automated transactions. In an automated transaction, the following rulesapply:1.A contract may be formed by the interaction of electronic agents of the parties, even<br>if no individual was aware of or reviewed the electronic agents' actions or the<br>resulting terms and agreements.2.A contract may be formed by the interaction of an electronic agent and an individual,<br>acting on the individual's own behalf or for another person, including by an<br>interaction in which the individual performs actions that the individual is free to<br>refuse to perform and which the individual knows or has reason to know will cause<br>the electronic agent to complete the transaction or performance.3.The terms of the contract are determined by the substantive law applicable to the<br>contract.9-16-14. Time and place of sending and receipt.1.Unless otherwise agreed between the sender and the recipient, an electronic record<br>is sent when the record:a.Is addressed properly or otherwise directed properly to an information<br>processing system that the recipient has designated or uses for the purpose of<br>receiving electronic records or information of the type sent and from which the<br>recipient is able to retrieve the electronic record;b.Is in a form capable of being processed by that system; andc.Enters an information processing system outside the control of the sender or of<br>a person that sent the electronic record on behalf of the sender or enters aPage No. 5region of the information processing system designated or used by the recipient<br>which is under the control of the recipient.2.Unless otherwise agreed between a sender and the recipient, an electronic record is<br>received when:a.The record enters an information processing system that the recipient has<br>designated or uses for the purpose of receiving electronic records or<br>information of the type sent and from which the recipient is able to retrieve the<br>electronic record; andb.The record is in a form capable of being processed by that system.3.Subsection 2 applies even if the place the information processing system is located<br>is different from the place the electronic record is deemed to be received under<br>subsection 4.4.Unless otherwise expressly provided in the electronic record or agreed between the<br>sender and the recipient, an electronic record is deemed to be sent from the<br>sender's place of business and to be received at the recipient's place of business.<br>For purposes of this subsection:a.If the sender or recipient has more than one place of business, the place of<br>business of that person is the place having the closest relationship to the<br>underlying transaction.b.If the sender or the recipient does not have a place of business, the place of<br>business is the sender's or recipient's residence, as the case may be.5.An electronic record is received under subsection 2 even if no individual is aware of<br>the record's receipt.6.Receipt of an electronic acknowledgment from an information processing system<br>described in subsection 2 establishes that a record was received but, by itself, does<br>not establish that the content sent corresponds to the content received.7.If a person is aware that an electronic record purportedly sent under subsection 1, or<br>purportedly received under subsection 2, was not actually sent or received, the legal<br>effect of the sending or receipt is determined by other applicable law. Except to the<br>extent permitted by the other law, this subsection may not be varied by agreement.9-16-15. Transferable records.1.In this section, &quot;transferable record&quot; means an electronic record that:a.Would be a note under chapter 41-03 or a document under chapter 41-07 if the<br>electronic record were in writing; andb.The issuer of the electronic record expressly has agreed is a transferable<br>record.2.A person has control of a transferable record if a system employed for evidencing<br>the transfer of interests in the transferable record reliably establishes that person as<br>the person to which the transferable record was issued or transferred.3.A system satisfies subsection 2, and a person is deemed to have control of a<br>transferable record, if the transferable record is created, stored, and assigned in<br>such a manner that:Page No. 6a.A single authoritative copy of the transferable record exists which is unique,<br>identifiable, and, except as otherwise provided in subdivisions d, e, and f,<br>unalterable;b.The authoritative copy identifies the person asserting control as:(1)The person to which the transferable record was issued; or(2)If the authoritative copy indicates that the transferable record has been<br>transferred, the person to which the transferable record was most<br>recently transferred;c.The authoritative copy is communicated to and maintained by the person<br>asserting control or its designated custodian;d.Copies or revisions that add or change an identified assignee of the<br>authoritative copy can be made only with the consent of the person asserting<br>control;e.Each copy of the authoritative copy and any copy of a copy is readily<br>identifiable as a copy that is not the authoritative copy; andf.Any revision of the authoritative copy is readily identifiable as authorized or<br>unauthorized.4.Except as otherwise agreed, a person having control of a transferable record is the<br>holder, as defined in section 41-01-09, of the transferable record and has the same<br>rights and defenses as a holder of an equivalent record or writing under title 41,<br>including, if the applicable statutory requirements under subsection 1 of section<br>41-03-28, section 41-07-30, or section 41-09-29 are satisfied, the rights and<br>defenses of a holder in due course, a holder to which a negotiable document of title<br>has been duly negotiated, or a purchaser, respectively. Delivery, possession, and<br>endorsement are not required to obtain or exercise any of the rights under this<br>subsection.5.Except as otherwise agreed, an obligor under a transferable record has the same<br>rights and defenses as an equivalent obligor under equivalent records or writings<br>under title 41.6.If requested by a person against which enforcement is sought, the person seeking to<br>enforce the transferable record shall provide reasonable proof that the person is in<br>control of the transferable record. Proof may include access to the authoritative<br>copy of the transferable record and related business records sufficient to review the<br>terms of the transferable record and to establish the identity of the person having<br>control of the transferable record.9-16-16. Creation and retention of electronic records and conversion of writtenrecords by governmental agencies. The state records administrator shall provide guidelines to<br>determine whether, and the extent to which, a governmental agency will create and retain<br>electronic records and convert written records to electronic records.9-16-17.Acceptance and distribution of electronic records by governmentalagencies.1.Except as otherwise provided in subsection 6 of section 9-16-11, the state records<br>administrator shall provide guidelines to determine whether, and the extent to which,<br>a governmental agency will send and accept electronic records and electronic<br>signatures to and from other persons.Page No. 72.To the extent that a governmental agency uses electronic records and electronic<br>signatures under subsection 1, the state records administrator, giving due<br>consideration to security, may specify:a.The manner in which the electronic records must be sent, communicated,<br>received, and stored and the systems established for those purposes;b.If electronic records must be signed by electronic means, the type of electronic<br>signature required, the manner and format in which the electronic signature<br>must be affixed to the electronic record, and the identity of, or criteria that must<br>be met by, any third party used by a person filing a document to facilitate the<br>process;c.Control processes and procedures as appropriate to ensure adequate<br>preservation, disposition, integrity, security, confidentiality, and auditability of<br>electronic records; andd.Any other required attributes for electronic records which are specified for<br>corresponding nonelectronic records or reasonably necessary under the<br>circumstances.3.Except as otherwise provided in subsection 6 of section 9-16-11, this chapter does<br>not require a governmental agency of this state to use or permit the use of electronic<br>records or electronic signatures.9-16-18. Interoperability. The state records administrator shall encourage and promoteconsistency and interoperability with similar requirements adopted by other governmental<br>agencies of this and other states and the federal government and nongovernmental persons<br>interacting with governmental agencies of this state. If appropriate, those standards may specify<br>differing levels of standards from which governmental agencies of this state may choose in<br>implementing the most appropriate standard for a particular application.Page No. 8Document Outlinechapter 9-16 electronic transactions

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Statutes > North-dakota > T09 > T09c16

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CHAPTER 9-16ELECTRONIC TRANSACTIONS9-16-01. Definitions. In this chapter:1.&quot;Agreement&quot; means the bargain of the parties in fact, as found in the parties'<br>language or inferred from other circumstances and from rules and procedures given<br>the effect of agreements under laws otherwise applicable to a particular transaction.2.&quot;Automated transaction&quot; means a transaction conducted or performed, in whole or in<br>part, by electronic means or electronic records, in which the acts or records of one or<br>both parties are not reviewed by an individual in the ordinary course in forming a<br>contract, performing under an existing contract, or fulfilling an obligation required by<br>the transaction.3.&quot;Computer program&quot; means a set of statements or instructions to be used directly or<br>indirectly in an information processing system in order to bring about a certain result.4.&quot;Contract&quot; means the total legal obligation resulting from the parties' agreement as<br>affected by this chapter and other applicable law.5.&quot;Electronic&quot; means relating to technology having electrical, digital, magnetic,<br>wireless, optical, electromagnetic, or similar capabilities.6.&quot;Electronic agent&quot; means a computer program or an electronic or other automated<br>means used independently to initiate an action or respond to electronic records or<br>performances, in whole or in part, without review or action by an individual.7.&quot;Electronic record&quot; means a record created, generated, sent, communicated,<br>received, or stored by electronic means.8.&quot;Electronic signature&quot; means an electronic sound, symbol, or process attached to or<br>logically associated with a record and executed or adopted by a person with the<br>intent to sign the record.9.&quot;Governmental agency&quot; means an executive, legislative, or judicial agency,<br>department, board, commission, authority, institution, or instrumentality of the state.10.&quot;Information&quot; means data, text, images, sounds, codes, computer programs,<br>software, data bases, or the like.11.&quot;Information processing system&quot; means an electronic system for creating,<br>generating, sending, receiving, storing, displaying, or processing information.12.&quot;Record&quot; means information that is inscribed on a tangible medium or which is<br>stored in an electronic or other medium and is retrievable in perceivable form.13.&quot;Security procedure&quot; means a procedure employed for the purpose of verifying that<br>an electronic signature, record, or performance is that of a specific person or for<br>detecting changes or errors in the information in an electronic record. The term<br>includes a procedure that requires the use of algorithms or other codes, identifying<br>words or numbers, encryption, or callback or other acknowledgment procedures.14.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States.The term includes an Indian tribe or band, orAlaskan native village, which is recognized by federal law or formally acknowledged<br>by a state.Page No. 115.&quot;Transaction&quot; means an action or set of actions occurring between two or more<br>persons relating to the conduct of business, commercial, or governmental affairs.9-16-02. Scope.1.Except as otherwise provided in subsection 2, this chapter applies to electronic<br>records and electronic signatures relating to a transaction.2.This chapter does not apply to a transaction to the extent the transaction is governed<br>by:a.A law governing the creation and execution of wills, codicils, or testamentary<br>trusts;b.The Uniform Commercial Code other than section 41-01-20 and chapters 41-02<br>and 41-02.1; andc.Chapters 41-03, 41-04, 41-04.1, 41-05, 41-07, 41-08, or 41-09.3.This chapter applies to an electronic record or electronic signature otherwise<br>excluded from the application of this chapter under subsection 2 to the extent it is<br>governed by a law other than those specified in subsection 2.4.A transaction subject to this chapter is also subject to other applicable substantive<br>law.9-16-03.Prospective application.This chapter applies to any electronic record orelectronic signature created, generated, sent, communicated, received, or stored after July 31,<br>2001.9-16-04.Use of electronic records and electronic signatures - Variation byagreement.1.This chapter does not require a record or signature to be created, generated, sent,<br>communicated, received, stored, or otherwise processed or used by electronic<br>means or in electronic form.2.This chapter applies only to transactions between parties each of which has agreed<br>to conduct transactions by electronic means. Whether the parties agree to conduct<br>transactions by electronic means is determined from the context and surrounding<br>circumstances, including the parties' conduct.3.If a party agrees to conduct a transaction by electronic means, this chapter does not<br>prohibit the party from refusing to conduct other transactions by electronic means.<br>This subsection may not be varied by agreement.4.Except as otherwise provided in this chapter, the effect of any of this chapter's<br>provisions may be varied by agreement. The presence in certain provisions of this<br>chapter of the words &quot;unless otherwise agreed&quot;, or words of similar import, does not<br>imply that the effect of other provisions may not be varied by agreement.5.Whether an electronic record or electronic signature has legal consequences is<br>determined by this chapter and other applicable law.9-16-05. Construction and application. This chapter must be construed and applied:1.To facilitate electronic transactions consistent with other applicable law;Page No. 22.To be consistent with reasonable practices concerning electronic transactions and<br>with the continued expansion of those practices; and3.To effectuate its general purpose to make uniform the law with respect to the subject<br>of this chapter among states enacting it.9-16-06.Legal recognition of electronic records, electronic signatures, andelectronic contracts.1.A record or signature may not be denied legal effect or enforceability solely because<br>the record or signature is in electronic form.2.A contract may not be denied legal effect or enforceability solely because an<br>electronic record was used in the contract's formation.3.If a law requires a record to be in writing, an electronic record satisfies the law.4.If a law requires a signature, an electronic signature satisfies the law.9-16-07. Provision of information in writing - Presentation of records.1.If parties have agreed to conduct transactions by electronic means and a law<br>requires a person to provide, send, or deliver information in writing to another<br>person, the requirement is satisfied if the information is provided, sent, or delivered,<br>as the case may be, in an electronic record capable of retention by the recipient at<br>the time of receipt. An electronic record is not capable of retention by the recipient if<br>the sender or the sender's information processing system inhibits the ability of the<br>recipient to print or store the electronic record.2.If a law other than this chapter requires a record to be posted or displayed in a<br>certain manner, to be sent, communicated, or transmitted by a specified method, or<br>to contain information that is formatted in a certain manner, the following rules apply:a.The record must be posted or displayed in the manner specified in the other<br>law.b.Except as otherwise provided in subdivision b of subsection 4, the record must<br>be sent, communicated, or transmitted by the method specified in the other law.c.The record must contain the information formatted in the manner specified in<br>the other law.3.If a sender inhibits the ability of a recipient to store or print an electronic record, the<br>electronic record is not enforceable against the recipient.4.The requirements of this section may not be varied by agreement, but:a.To the extent a law other than this chapter requires information to be provided,<br>sent, or delivered in writing but permits that requirement to be varied by<br>agreement, the requirement under subsection 1 that the information be in the<br>form of an electronic record capable of retention may also be varied by<br>agreement; andb.A requirement under a law other than this chapter to send, communicate, or<br>transmit a record by United States mail first-class postage prepaid may be<br>varied by agreement to the extent permitted by the other law.9-16-08. Attribution and effect of electronic record and electronic signature.Page No. 31.An electronic record or electronic signature is attributable to a person if it was the act<br>of the person. The act of the person may be shown in any manner, including a<br>showing of the efficacy of any security procedure applied to determine the person to<br>which the electronic record or electronic signature was attributable.2.The effect of an electronic record or electronic signature attributed to a person under<br>subsection 1 is determined from the context and surrounding circumstances at the<br>time of the record's or signature's creation, execution, or adoption, including the<br>parties' agreement, if any, and otherwise as provided by law.9-16-09. Effect of change or error. If a change or error in an electronic record occurs ina 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<br>and one party has conformed to the procedure, but the other party has not, and the<br>nonconforming party would have detected the change or error had that party also<br>conformed, the conforming party may avoid the effect of the changed or erroneous<br>electronic record.2.In an automated transaction involving an individual, the individual may avoid the<br>effect of an electronic record that resulted from an error made by the individual in<br>dealing with the electronic agent of another person if the electronic agent did not<br>provide an opportunity for the prevention or correction of the error and, at the time<br>the individual learns of the error, the individual:a.Promptly notifies the other person of the error and that the individual did not<br>intend to be bound by the electronic record received by the other person;b.Takes reasonable steps, including steps that conform to the other person's<br>reasonable instructions, to return to the other person or, if instructed by the<br>other person, to destroy the consideration received, if any, as a result of the<br>erroneous electronic record; andc.Has not used or received any benefit or value from the consideration, if any,<br>received from the other person.3.If neither subsection 1 nor subsection 2 applies, the change or error has the effect<br>provided by other law, including the law of mistake, and the parties' contract, if any.4.Subsections 2 and 3 may not be varied by agreement.9-16-10. Notarization and acknowledgment. If a law requires a signature or record tobe notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the<br>electronic signature of the person authorized to perform those acts, together with all other<br>information required to be included by other applicable law, is attached to or logically associated<br>with the signature or record.9-16-11. Retention of electronic records - Originals.1.If a law requires that a record be retained, the requirement is satisfied by retaining<br>an electronic record of the information in the record which:a.Accurately reflects the information set forth in the record after it was first<br>generated in its final form as an electronic record or otherwise; andb.Remains accessible for later reference.Page No. 42.A requirement to retain a record in accordance with subsection 1 does not apply to<br>any information the sole purpose of which is to enable the record to be sent,<br>communicated, or received.3.A person may satisfy subsection 1 by using the services of another person if the<br>requirements of that subsection are satisfied.4.If a law requires a record to be presented or retained in the record's original form, or<br>provides consequences if the record is not presented or retained in the record's<br>original form, that law is satisfied by an electronic record retained in accordance with<br>subsection 1.5.If a law requires retention of a check, that requirement is satisfied by retention of an<br>electronic record of the information on the front and back of the check in accordance<br>with subsection 1.6.A record retained as an electronic record in accordance with subsection 1 satisfies a<br>law requiring a person to retain a record for evidentiary, audit, or like purposes,<br>unless a law enacted after July 31, 2001, specifically prohibits the use of an<br>electronic record for the specified purpose.7.This section does not preclude a governmental agency of this state from specifying<br>additional requirements for the retention of a record subject to the agency's<br>jurisdiction.9-16-12. Admissibility in evidence. In a proceeding, evidence of a record or signaturemay not be excluded solely because it is in electronic form.9-16-13.Automated transactions. In an automated transaction, the following rulesapply:1.A contract may be formed by the interaction of electronic agents of the parties, even<br>if no individual was aware of or reviewed the electronic agents' actions or the<br>resulting terms and agreements.2.A contract may be formed by the interaction of an electronic agent and an individual,<br>acting on the individual's own behalf or for another person, including by an<br>interaction in which the individual performs actions that the individual is free to<br>refuse to perform and which the individual knows or has reason to know will cause<br>the electronic agent to complete the transaction or performance.3.The terms of the contract are determined by the substantive law applicable to the<br>contract.9-16-14. Time and place of sending and receipt.1.Unless otherwise agreed between the sender and the recipient, an electronic record<br>is sent when the record:a.Is addressed properly or otherwise directed properly to an information<br>processing system that the recipient has designated or uses for the purpose of<br>receiving electronic records or information of the type sent and from which the<br>recipient is able to retrieve the electronic record;b.Is in a form capable of being processed by that system; andc.Enters an information processing system outside the control of the sender or of<br>a person that sent the electronic record on behalf of the sender or enters aPage No. 5region of the information processing system designated or used by the recipient<br>which is under the control of the recipient.2.Unless otherwise agreed between a sender and the recipient, an electronic record is<br>received when:a.The record enters an information processing system that the recipient has<br>designated or uses for the purpose of receiving electronic records or<br>information of the type sent and from which the recipient is able to retrieve the<br>electronic record; andb.The record is in a form capable of being processed by that system.3.Subsection 2 applies even if the place the information processing system is located<br>is different from the place the electronic record is deemed to be received under<br>subsection 4.4.Unless otherwise expressly provided in the electronic record or agreed between the<br>sender and the recipient, an electronic record is deemed to be sent from the<br>sender's place of business and to be received at the recipient's place of business.<br>For purposes of this subsection:a.If the sender or recipient has more than one place of business, the place of<br>business of that person is the place having the closest relationship to the<br>underlying transaction.b.If the sender or the recipient does not have a place of business, the place of<br>business is the sender's or recipient's residence, as the case may be.5.An electronic record is received under subsection 2 even if no individual is aware of<br>the record's receipt.6.Receipt of an electronic acknowledgment from an information processing system<br>described in subsection 2 establishes that a record was received but, by itself, does<br>not establish that the content sent corresponds to the content received.7.If a person is aware that an electronic record purportedly sent under subsection 1, or<br>purportedly received under subsection 2, was not actually sent or received, the legal<br>effect of the sending or receipt is determined by other applicable law. Except to the<br>extent permitted by the other law, this subsection may not be varied by agreement.9-16-15. Transferable records.1.In this section, &quot;transferable record&quot; means an electronic record that:a.Would be a note under chapter 41-03 or a document under chapter 41-07 if the<br>electronic record were in writing; andb.The issuer of the electronic record expressly has agreed is a transferable<br>record.2.A person has control of a transferable record if a system employed for evidencing<br>the transfer of interests in the transferable record reliably establishes that person as<br>the person to which the transferable record was issued or transferred.3.A system satisfies subsection 2, and a person is deemed to have control of a<br>transferable record, if the transferable record is created, stored, and assigned in<br>such a manner that:Page No. 6a.A single authoritative copy of the transferable record exists which is unique,<br>identifiable, and, except as otherwise provided in subdivisions d, e, and f,<br>unalterable;b.The authoritative copy identifies the person asserting control as:(1)The person to which the transferable record was issued; or(2)If the authoritative copy indicates that the transferable record has been<br>transferred, the person to which the transferable record was most<br>recently transferred;c.The authoritative copy is communicated to and maintained by the person<br>asserting control or its designated custodian;d.Copies or revisions that add or change an identified assignee of the<br>authoritative copy can be made only with the consent of the person asserting<br>control;e.Each copy of the authoritative copy and any copy of a copy is readily<br>identifiable as a copy that is not the authoritative copy; andf.Any revision of the authoritative copy is readily identifiable as authorized or<br>unauthorized.4.Except as otherwise agreed, a person having control of a transferable record is the<br>holder, as defined in section 41-01-09, of the transferable record and has the same<br>rights and defenses as a holder of an equivalent record or writing under title 41,<br>including, if the applicable statutory requirements under subsection 1 of section<br>41-03-28, section 41-07-30, or section 41-09-29 are satisfied, the rights and<br>defenses of a holder in due course, a holder to which a negotiable document of title<br>has been duly negotiated, or a purchaser, respectively. Delivery, possession, and<br>endorsement are not required to obtain or exercise any of the rights under this<br>subsection.5.Except as otherwise agreed, an obligor under a transferable record has the same<br>rights and defenses as an equivalent obligor under equivalent records or writings<br>under title 41.6.If requested by a person against which enforcement is sought, the person seeking to<br>enforce the transferable record shall provide reasonable proof that the person is in<br>control of the transferable record. Proof may include access to the authoritative<br>copy of the transferable record and related business records sufficient to review the<br>terms of the transferable record and to establish the identity of the person having<br>control of the transferable record.9-16-16. Creation and retention of electronic records and conversion of writtenrecords by governmental agencies. The state records administrator shall provide guidelines to<br>determine whether, and the extent to which, a governmental agency will create and retain<br>electronic records and convert written records to electronic records.9-16-17.Acceptance and distribution of electronic records by governmentalagencies.1.Except as otherwise provided in subsection 6 of section 9-16-11, the state records<br>administrator shall provide guidelines to determine whether, and the extent to which,<br>a governmental agency will send and accept electronic records and electronic<br>signatures to and from other persons.Page No. 72.To the extent that a governmental agency uses electronic records and electronic<br>signatures under subsection 1, the state records administrator, giving due<br>consideration to security, may specify:a.The manner in which the electronic records must be sent, communicated,<br>received, and stored and the systems established for those purposes;b.If electronic records must be signed by electronic means, the type of electronic<br>signature required, the manner and format in which the electronic signature<br>must be affixed to the electronic record, and the identity of, or criteria that must<br>be met by, any third party used by a person filing a document to facilitate the<br>process;c.Control processes and procedures as appropriate to ensure adequate<br>preservation, disposition, integrity, security, confidentiality, and auditability of<br>electronic records; andd.Any other required attributes for electronic records which are specified for<br>corresponding nonelectronic records or reasonably necessary under the<br>circumstances.3.Except as otherwise provided in subsection 6 of section 9-16-11, this chapter does<br>not require a governmental agency of this state to use or permit the use of electronic<br>records or electronic signatures.9-16-18. Interoperability. The state records administrator shall encourage and promoteconsistency and interoperability with similar requirements adopted by other governmental<br>agencies of this and other states and the federal government and nongovernmental persons<br>interacting with governmental agencies of this state. If appropriate, those standards may specify<br>differing levels of standards from which governmental agencies of this state may choose in<br>implementing the most appropriate standard for a particular application.Page No. 8Document Outlinechapter 9-16 electronic transactions

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State Codes and Statutes

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CHAPTER 9-16ELECTRONIC TRANSACTIONS9-16-01. Definitions. In this chapter:1.&quot;Agreement&quot; means the bargain of the parties in fact, as found in the parties'<br>language or inferred from other circumstances and from rules and procedures given<br>the effect of agreements under laws otherwise applicable to a particular transaction.2.&quot;Automated transaction&quot; means a transaction conducted or performed, in whole or in<br>part, by electronic means or electronic records, in which the acts or records of one or<br>both parties are not reviewed by an individual in the ordinary course in forming a<br>contract, performing under an existing contract, or fulfilling an obligation required by<br>the transaction.3.&quot;Computer program&quot; means a set of statements or instructions to be used directly or<br>indirectly in an information processing system in order to bring about a certain result.4.&quot;Contract&quot; means the total legal obligation resulting from the parties' agreement as<br>affected by this chapter and other applicable law.5.&quot;Electronic&quot; means relating to technology having electrical, digital, magnetic,<br>wireless, optical, electromagnetic, or similar capabilities.6.&quot;Electronic agent&quot; means a computer program or an electronic or other automated<br>means used independently to initiate an action or respond to electronic records or<br>performances, in whole or in part, without review or action by an individual.7.&quot;Electronic record&quot; means a record created, generated, sent, communicated,<br>received, or stored by electronic means.8.&quot;Electronic signature&quot; means an electronic sound, symbol, or process attached to or<br>logically associated with a record and executed or adopted by a person with the<br>intent to sign the record.9.&quot;Governmental agency&quot; means an executive, legislative, or judicial agency,<br>department, board, commission, authority, institution, or instrumentality of the state.10.&quot;Information&quot; means data, text, images, sounds, codes, computer programs,<br>software, data bases, or the like.11.&quot;Information processing system&quot; means an electronic system for creating,<br>generating, sending, receiving, storing, displaying, or processing information.12.&quot;Record&quot; means information that is inscribed on a tangible medium or which is<br>stored in an electronic or other medium and is retrievable in perceivable form.13.&quot;Security procedure&quot; means a procedure employed for the purpose of verifying that<br>an electronic signature, record, or performance is that of a specific person or for<br>detecting changes or errors in the information in an electronic record. The term<br>includes a procedure that requires the use of algorithms or other codes, identifying<br>words or numbers, encryption, or callback or other acknowledgment procedures.14.&quot;State&quot; means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States.The term includes an Indian tribe or band, orAlaskan native village, which is recognized by federal law or formally acknowledged<br>by a state.Page No. 115.&quot;Transaction&quot; means an action or set of actions occurring between two or more<br>persons relating to the conduct of business, commercial, or governmental affairs.9-16-02. Scope.1.Except as otherwise provided in subsection 2, this chapter applies to electronic<br>records and electronic signatures relating to a transaction.2.This chapter does not apply to a transaction to the extent the transaction is governed<br>by:a.A law governing the creation and execution of wills, codicils, or testamentary<br>trusts;b.The Uniform Commercial Code other than section 41-01-20 and chapters 41-02<br>and 41-02.1; andc.Chapters 41-03, 41-04, 41-04.1, 41-05, 41-07, 41-08, or 41-09.3.This chapter applies to an electronic record or electronic signature otherwise<br>excluded from the application of this chapter under subsection 2 to the extent it is<br>governed by a law other than those specified in subsection 2.4.A transaction subject to this chapter is also subject to other applicable substantive<br>law.9-16-03.Prospective application.This chapter applies to any electronic record orelectronic signature created, generated, sent, communicated, received, or stored after July 31,<br>2001.9-16-04.Use of electronic records and electronic signatures - Variation byagreement.1.This chapter does not require a record or signature to be created, generated, sent,<br>communicated, received, stored, or otherwise processed or used by electronic<br>means or in electronic form.2.This chapter applies only to transactions between parties each of which has agreed<br>to conduct transactions by electronic means. Whether the parties agree to conduct<br>transactions by electronic means is determined from the context and surrounding<br>circumstances, including the parties' conduct.3.If a party agrees to conduct a transaction by electronic means, this chapter does not<br>prohibit the party from refusing to conduct other transactions by electronic means.<br>This subsection may not be varied by agreement.4.Except as otherwise provided in this chapter, the effect of any of this chapter's<br>provisions may be varied by agreement. The presence in certain provisions of this<br>chapter of the words &quot;unless otherwise agreed&quot;, or words of similar import, does not<br>imply that the effect of other provisions may not be varied by agreement.5.Whether an electronic record or electronic signature has legal consequences is<br>determined by this chapter and other applicable law.9-16-05. Construction and application. This chapter must be construed and applied:1.To facilitate electronic transactions consistent with other applicable law;Page No. 22.To be consistent with reasonable practices concerning electronic transactions and<br>with the continued expansion of those practices; and3.To effectuate its general purpose to make uniform the law with respect to the subject<br>of this chapter among states enacting it.9-16-06.Legal recognition of electronic records, electronic signatures, andelectronic contracts.1.A record or signature may not be denied legal effect or enforceability solely because<br>the record or signature is in electronic form.2.A contract may not be denied legal effect or enforceability solely because an<br>electronic record was used in the contract's formation.3.If a law requires a record to be in writing, an electronic record satisfies the law.4.If a law requires a signature, an electronic signature satisfies the law.9-16-07. Provision of information in writing - Presentation of records.1.If parties have agreed to conduct transactions by electronic means and a law<br>requires a person to provide, send, or deliver information in writing to another<br>person, the requirement is satisfied if the information is provided, sent, or delivered,<br>as the case may be, in an electronic record capable of retention by the recipient at<br>the time of receipt. An electronic record is not capable of retention by the recipient if<br>the sender or the sender's information processing system inhibits the ability of the<br>recipient to print or store the electronic record.2.If a law other than this chapter requires a record to be posted or displayed in a<br>certain manner, to be sent, communicated, or transmitted by a specified method, or<br>to contain information that is formatted in a certain manner, the following rules apply:a.The record must be posted or displayed in the manner specified in the other<br>law.b.Except as otherwise provided in subdivision b of subsection 4, the record must<br>be sent, communicated, or transmitted by the method specified in the other law.c.The record must contain the information formatted in the manner specified in<br>the other law.3.If a sender inhibits the ability of a recipient to store or print an electronic record, the<br>electronic record is not enforceable against the recipient.4.The requirements of this section may not be varied by agreement, but:a.To the extent a law other than this chapter requires information to be provided,<br>sent, or delivered in writing but permits that requirement to be varied by<br>agreement, the requirement under subsection 1 that the information be in the<br>form of an electronic record capable of retention may also be varied by<br>agreement; andb.A requirement under a law other than this chapter to send, communicate, or<br>transmit a record by United States mail first-class postage prepaid may be<br>varied by agreement to the extent permitted by the other law.9-16-08. Attribution and effect of electronic record and electronic signature.Page No. 31.An electronic record or electronic signature is attributable to a person if it was the act<br>of the person. The act of the person may be shown in any manner, including a<br>showing of the efficacy of any security procedure applied to determine the person to<br>which the electronic record or electronic signature was attributable.2.The effect of an electronic record or electronic signature attributed to a person under<br>subsection 1 is determined from the context and surrounding circumstances at the<br>time of the record's or signature's creation, execution, or adoption, including the<br>parties' agreement, if any, and otherwise as provided by law.9-16-09. Effect of change or error. If a change or error in an electronic record occurs ina 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<br>and one party has conformed to the procedure, but the other party has not, and the<br>nonconforming party would have detected the change or error had that party also<br>conformed, the conforming party may avoid the effect of the changed or erroneous<br>electronic record.2.In an automated transaction involving an individual, the individual may avoid the<br>effect of an electronic record that resulted from an error made by the individual in<br>dealing with the electronic agent of another person if the electronic agent did not<br>provide an opportunity for the prevention or correction of the error and, at the time<br>the individual learns of the error, the individual:a.Promptly notifies the other person of the error and that the individual did not<br>intend to be bound by the electronic record received by the other person;b.Takes reasonable steps, including steps that conform to the other person's<br>reasonable instructions, to return to the other person or, if instructed by the<br>other person, to destroy the consideration received, if any, as a result of the<br>erroneous electronic record; andc.Has not used or received any benefit or value from the consideration, if any,<br>received from the other person.3.If neither subsection 1 nor subsection 2 applies, the change or error has the effect<br>provided by other law, including the law of mistake, and the parties' contract, if any.4.Subsections 2 and 3 may not be varied by agreement.9-16-10. Notarization and acknowledgment. If a law requires a signature or record tobe notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the<br>electronic signature of the person authorized to perform those acts, together with all other<br>information required to be included by other applicable law, is attached to or logically associated<br>with the signature or record.9-16-11. Retention of electronic records - Originals.1.If a law requires that a record be retained, the requirement is satisfied by retaining<br>an electronic record of the information in the record which:a.Accurately reflects the information set forth in the record after it was first<br>generated in its final form as an electronic record or otherwise; andb.Remains accessible for later reference.Page No. 42.A requirement to retain a record in accordance with subsection 1 does not apply to<br>any information the sole purpose of which is to enable the record to be sent,<br>communicated, or received.3.A person may satisfy subsection 1 by using the services of another person if the<br>requirements of that subsection are satisfied.4.If a law requires a record to be presented or retained in the record's original form, or<br>provides consequences if the record is not presented or retained in the record's<br>original form, that law is satisfied by an electronic record retained in accordance with<br>subsection 1.5.If a law requires retention of a check, that requirement is satisfied by retention of an<br>electronic record of the information on the front and back of the check in accordance<br>with subsection 1.6.A record retained as an electronic record in accordance with subsection 1 satisfies a<br>law requiring a person to retain a record for evidentiary, audit, or like purposes,<br>unless a law enacted after July 31, 2001, specifically prohibits the use of an<br>electronic record for the specified purpose.7.This section does not preclude a governmental agency of this state from specifying<br>additional requirements for the retention of a record subject to the agency's<br>jurisdiction.9-16-12. Admissibility in evidence. In a proceeding, evidence of a record or signaturemay not be excluded solely because it is in electronic form.9-16-13.Automated transactions. In an automated transaction, the following rulesapply:1.A contract may be formed by the interaction of electronic agents of the parties, even<br>if no individual was aware of or reviewed the electronic agents' actions or the<br>resulting terms and agreements.2.A contract may be formed by the interaction of an electronic agent and an individual,<br>acting on the individual's own behalf or for another person, including by an<br>interaction in which the individual performs actions that the individual is free to<br>refuse to perform and which the individual knows or has reason to know will cause<br>the electronic agent to complete the transaction or performance.3.The terms of the contract are determined by the substantive law applicable to the<br>contract.9-16-14. Time and place of sending and receipt.1.Unless otherwise agreed between the sender and the recipient, an electronic record<br>is sent when the record:a.Is addressed properly or otherwise directed properly to an information<br>processing system that the recipient has designated or uses for the purpose of<br>receiving electronic records or information of the type sent and from which the<br>recipient is able to retrieve the electronic record;b.Is in a form capable of being processed by that system; andc.Enters an information processing system outside the control of the sender or of<br>a person that sent the electronic record on behalf of the sender or enters aPage No. 5region of the information processing system designated or used by the recipient<br>which is under the control of the recipient.2.Unless otherwise agreed between a sender and the recipient, an electronic record is<br>received when:a.The record enters an information processing system that the recipient has<br>designated or uses for the purpose of receiving electronic records or<br>information of the type sent and from which the recipient is able to retrieve the<br>electronic record; andb.The record is in a form capable of being processed by that system.3.Subsection 2 applies even if the place the information processing system is located<br>is different from the place the electronic record is deemed to be received under<br>subsection 4.4.Unless otherwise expressly provided in the electronic record or agreed between the<br>sender and the recipient, an electronic record is deemed to be sent from the<br>sender's place of business and to be received at the recipient's place of business.<br>For purposes of this subsection:a.If the sender or recipient has more than one place of business, the place of<br>business of that person is the place having the closest relationship to the<br>underlying transaction.b.If the sender or the recipient does not have a place of business, the place of<br>business is the sender's or recipient's residence, as the case may be.5.An electronic record is received under subsection 2 even if no individual is aware of<br>the record's receipt.6.Receipt of an electronic acknowledgment from an information processing system<br>described in subsection 2 establishes that a record was received but, by itself, does<br>not establish that the content sent corresponds to the content received.7.If a person is aware that an electronic record purportedly sent under subsection 1, or<br>purportedly received under subsection 2, was not actually sent or received, the legal<br>effect of the sending or receipt is determined by other applicable law. Except to the<br>extent permitted by the other law, this subsection may not be varied by agreement.9-16-15. Transferable records.1.In this section, &quot;transferable record&quot; means an electronic record that:a.Would be a note under chapter 41-03 or a document under chapter 41-07 if the<br>electronic record were in writing; andb.The issuer of the electronic record expressly has agreed is a transferable<br>record.2.A person has control of a transferable record if a system employed for evidencing<br>the transfer of interests in the transferable record reliably establishes that person as<br>the person to which the transferable record was issued or transferred.3.A system satisfies subsection 2, and a person is deemed to have control of a<br>transferable record, if the transferable record is created, stored, and assigned in<br>such a manner that:Page No. 6a.A single authoritative copy of the transferable record exists which is unique,<br>identifiable, and, except as otherwise provided in subdivisions d, e, and f,<br>unalterable;b.The authoritative copy identifies the person asserting control as:(1)The person to which the transferable record was issued; or(2)If the authoritative copy indicates that the transferable record has been<br>transferred, the person to which the transferable record was most<br>recently transferred;c.The authoritative copy is communicated to and maintained by the person<br>asserting control or its designated custodian;d.Copies or revisions that add or change an identified assignee of the<br>authoritative copy can be made only with the consent of the person asserting<br>control;e.Each copy of the authoritative copy and any copy of a copy is readily<br>identifiable as a copy that is not the authoritative copy; andf.Any revision of the authoritative copy is readily identifiable as authorized or<br>unauthorized.4.Except as otherwise agreed, a person having control of a transferable record is the<br>holder, as defined in section 41-01-09, of the transferable record and has the same<br>rights and defenses as a holder of an equivalent record or writing under title 41,<br>including, if the applicable statutory requirements under subsection 1 of section<br>41-03-28, section 41-07-30, or section 41-09-29 are satisfied, the rights and<br>defenses of a holder in due course, a holder to which a negotiable document of title<br>has been duly negotiated, or a purchaser, respectively. Delivery, possession, and<br>endorsement are not required to obtain or exercise any of the rights under this<br>subsection.5.Except as otherwise agreed, an obligor under a transferable record has the same<br>rights and defenses as an equivalent obligor under equivalent records or writings<br>under title 41.6.If requested by a person against which enforcement is sought, the person seeking to<br>enforce the transferable record shall provide reasonable proof that the person is in<br>control of the transferable record. Proof may include access to the authoritative<br>copy of the transferable record and related business records sufficient to review the<br>terms of the transferable record and to establish the identity of the person having<br>control of the transferable record.9-16-16. Creation and retention of electronic records and conversion of writtenrecords by governmental agencies. The state records administrator shall provide guidelines to<br>determine whether, and the extent to which, a governmental agency will create and retain<br>electronic records and convert written records to electronic records.9-16-17.Acceptance and distribution of electronic records by governmentalagencies.1.Except as otherwise provided in subsection 6 of section 9-16-11, the state records<br>administrator shall provide guidelines to determine whether, and the extent to which,<br>a governmental agency will send and accept electronic records and electronic<br>signatures to and from other persons.Page No. 72.To the extent that a governmental agency uses electronic records and electronic<br>signatures under subsection 1, the state records administrator, giving due<br>consideration to security, may specify:a.The manner in which the electronic records must be sent, communicated,<br>received, and stored and the systems established for those purposes;b.If electronic records must be signed by electronic means, the type of electronic<br>signature required, the manner and format in which the electronic signature<br>must be affixed to the electronic record, and the identity of, or criteria that must<br>be met by, any third party used by a person filing a document to facilitate the<br>process;c.Control processes and procedures as appropriate to ensure adequate<br>preservation, disposition, integrity, security, confidentiality, and auditability of<br>electronic records; andd.Any other required attributes for electronic records which are specified for<br>corresponding nonelectronic records or reasonably necessary under the<br>circumstances.3.Except as otherwise provided in subsection 6 of section 9-16-11, this chapter does<br>not require a governmental agency of this state to use or permit the use of electronic<br>records or electronic signatures.9-16-18. Interoperability. The state records administrator shall encourage and promoteconsistency and interoperability with similar requirements adopted by other governmental<br>agencies of this and other states and the federal government and nongovernmental persons<br>interacting with governmental agencies of this state. If appropriate, those standards may specify<br>differing levels of standards from which governmental agencies of this state may choose in<br>implementing the most appropriate standard for a particular application.Page No. 8Document Outlinechapter 9-16 electronic transactions