State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter21

CHAPTER 21 - UNIFORM ELECTRONIC TRANSACTIONS ACT

 

40-21-101. Short title.

 

This act may be cited as the "UniformElectronic Transactions Act."

 

40-21-102. Definitions.

 

(a) In this article unless the context otherwise requires:

 

(i) "Agreement" means the bargain of the parties infact, as found in their language or inferred from other circumstances and fromrules, regulations and procedures given the effect of agreements under lawsotherwise applicable to a particular transaction;

 

(ii) "Automated transaction" means a transactionconducted or performed, in whole or in part, by electronic means or electronicrecords, in which the acts or records of one (1) or both parties are notreviewed by an individual in the ordinary course in forming a contract,performing under an existing contract or fulfilling an obligation required bythe transaction;

 

(iii) "Computer program" means a set of statements orinstructions to be used directly or indirectly in an information processingsystem in order to bring about a certain result;

 

(iv) "Contract" means the total legal obligationresulting from the parties' agreement as affected by this act and otherapplicable law;

 

(v) "Electronic" means relating to technology havingelectrical, digital, magnetic, wireless, optical, electromagnetic or similarcapabilities;

 

(vi) "Electronic agent" means a computer program or anelectronic or other automated means used independently to initiate an action orrespond to electronic records or performances in whole or in part, withoutreview or action by an individual;

 

(vii) "Electronic record" means a record created,generated, sent, communicated, received or stored by electronic means;

 

(viii) "Electronic signature" means an electronic sound,symbol or process attached to or logically associated with a record andexecuted or adopted by a person with the intent to sign the record;

 

(ix) "Governmental agency" means an executive,legislative or judicial agency, department, board, commission, authority,institution or instrumentality of the federal government or of a state or of acounty, municipality or other political subdivision of a state;

 

(x) "Information" means data, text, images, sounds,codes, computer programs, software, databases or the like;

 

(xi) "Information processing system" means anelectronic system for creating, generating, sending, receiving, storing,displaying or processing information;

 

(xii) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture, governmental agency, public corporation or anyother legal or commercial entity;

 

(xiii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;

 

(xiv) "Security procedure" means a procedure employedfor the purpose of verifying that an electronic signature, record orperformance is that of a specific person or for detecting changes or errors inthe information in an electronic record. The term includes a procedure thatrequires the use of algorithms or other codes, identifying words or numbers,encryption, or callback or other acknowledgment procedures;

 

(xv) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates. The term includes an Indian tribe or band, or Alaskan native village,which is recognized by federal law or formally acknowledged by a state;

 

(xvi) "Transaction" means an action or set of actionsoccurring between two (2) or more persons relating to the conduct of business,commercial or governmental affairs;

 

(xvii) "This act" means W.S. 40-21-101 through40-21-119.

 

40-21-103. Scope.

 

(a) Except as otherwise provided in subsection (b) of thissection, this act applies to electronic records and electronic signaturesrelating to a transaction.

 

(b) This act does not apply to a transaction to the extent itis governed by:

 

(i) A law governing the creation and execution of wills,codicils or testamentary trusts;

 

(ii) The Uniform Commercial Code other than W.S. 34.1-1-107 and34.1-1-206, article 2 and article 2A; and

 

(iii) The Uniform Computer Information Transactions Act.

 

(c) This act applies to an electronic record or electronicsignature otherwise excluded from the application of this act under subsection(b) of this section to the extent it is governed by a law other than thosespecified in subsection (b) of this section.

 

(d) A transaction subject to this act is also subject to otherapplicable substantive law.

 

40-21-104. Application.

 

This act applies to any electronic recordor electronic signature created, generated, sent, communicated, received orstored on or after July 1, 2001.

 

40-21-105. Use of electronic records and electronic signatures,variation by agreement.

 

(a) This act does not require a record or signature to becreated, generated, sent, communicated, received, stored or otherwise processedor used by electronic means or in electronic form.

 

(b) This act applies only to transactions between parties eachof which has agreed to conduct transactions by electronic means. Whether theparties agree to conduct a transaction by electronic means is determined fromthe context and surrounding circumstances, including the parties' conduct.

 

(c) A party that agrees to conduct a transaction by electronicmeans may refuse to conduct other transactions by electronic means. The rightgranted by this subsection may not be waived by agreement.

 

(d) Except as otherwise provided in this act, the effect of anyof its provisions may be varied by agreement. The presence in certainprovisions of this act of the words "unless otherwise agreed", orwords of similar import, does not imply that the effect of other provisions maynot be varied by agreement.

 

(e) Whether an electronic record or electronic signature haslegal consequences is determined by this act and other applicable law.

 

40-21-106. Construction and application.

 

(a) This act must be construed and applied:

 

(i) To facilitate electronic transactions consistent with otherapplicable law;

 

(ii) To be consistent with reasonable practices concerningelectronic transactions and with the continued expansion of those practices;and

 

(iii) To effectuate its general purpose to make uniform the lawwith respect to the subject of this act among states enacting it.

 

40-21-107. Legal recognition of electronic records, electronicsignatures and electronic contracts.

 

(a) A record or signature may not be denied legal effect orenforceability solely because it is in electronic form.

 

(b) A contract may not be denied legal effect or enforceabilitysolely because an electronic record was used in its formation.

 

(c) If a law requires a record to be in writing, an electronicrecord satisfies the law.

 

(d) If a law requires a signature, an electronic signaturesatisfies the law.

 

40-21-108. Provisions of information in writing; presentation ofrecords.

 

(a) If parties have agreed to conduct a transaction byelectronic means and a law requires a person to provide, send, or deliverinformation in writing to another person, the requirement is satisfied if theinformation is provided, sent or delivered, as the case may be, in anelectronic record capable of retention by the recipient at the time of receipt.An electronic record is not capable of retention by the recipient if the senderor its information processing system inhibits the ability of the recipient toprint or store the electronic record.

 

(b) If a law other than this act requires a record to be postedor displayed in a certain manner, to be sent, communicated or transmitted by aspecified method or to contain information that is formatted in a certainmanner, the following rules apply:

 

(i) The record must be posted or displayed in the mannerspecified in the other law;

 

(ii) Except as otherwise provided in paragraph (d)(ii) of thissection, the record must be sent, communicated or transmitted by the methodspecified in the other law;

 

(iii) The record must contain the information formatted in themanner specified in the other law.

 

(c) If a sender inhibits the ability of a recipient to store orprint an electronic record, the electronic record is not enforceable againstthe recipient.

 

(d) The requirements of this section may not be varied byagreement, but:

 

(i) To the extent a law other than this act requiresinformation to be provided, sent or delivered in writing but permits thatrequirement to be varied by agreement, the requirement under subsection (a) ofthis section that the information be in the form of an electronic recordcapable of retention may also be varied by agreement; and

 

(ii) A requirement under a law other than this act to send,communicate or transmit a record by first-class mail, postage prepaid orregular United States mail, may be varied by agreement to the extent permittedby the other law.

 

40-21-109. Attribution and effect of electronic record and electronicsignature.

 

(a) An electronic record or electronic signature isattributable to a person if it was the act of the person. The act of the personmay be shown in any manner, including a showing of the efficacy of any securityprocedure applied to determine the person to which the electronic record orelectronic signature was attributable.

 

(b) The effect of an electronic record or electronic signatureattributed to a person under subsection (a) of this section is determined fromthe context and surrounding circumstances at the time of its creation,execution or adoption, including the parties' agreement, if any, and otherwiseas provided by law.

 

40-21-110. Effect of change or error.

 

(a) If a change or error in an electronic record occurs in atransmission between parties to a transaction, the following rules apply:

 

(i) If the parties have agreed to use a security procedure todetect changes or errors and one (1) party has conformed to the procedure, butthe other party has not, and the nonconforming party would have detected thechange or error had that party also conformed, the conforming party may avoidthe effect of the changed or erroneous electronic record;

 

(ii) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted from anerror made by the individual in dealing with the electronic agent of anotherperson if the electronic agent did not provide an opportunity for theprevention or correction of the error and, at the time the individual learns ofthe error, the individual:

 

(A) Promptly notifies the other person of the error and thatthe individual did not intend to be bound by the electronic record received bythe other person;

 

(B) Takes reasonable steps, including steps that conform to theother person's reasonable instructions, to return to the other person or, ifinstructed by the other person, to destroy the consideration received, if any,as a result of the erroneous electronic record; and

 

(C) Has not used or received any benefit or value from theconsideration, if any, received from the other person.

 

(iii) If neither paragraph (i) nor (ii) of this subsectionapplies, the change or error has the effect provided by other law, includingthe law of mistake, and the parties' contract, if any;

 

(iv) Paragraphs (ii) and (iii) of this subsection may not bevaried by agreement.

 

40-21-111. Notarization and acknowledgment.

 

If a law requires a signature or record tobe notarized, acknowledged, verified or made under oath, the requirement issatisfied if the electronic signature of the person authorized to perform thoseacts, together with all other information required to be included by otherapplicable law, is attached to or logically associated with the signature orrecord.

 

40-21-112. Retention to electronic records, originals.

 

(a) If a law requires that a record be retained, therequirement is satisfied by retaining an electronic record of the informationin the record which:

 

(i) Accurately reflects the information set forth in the recordafter it was first generated in its final form as an electronic record orotherwise; and

 

(ii) Remains accessible for later reference.

 

(b) A requirement to retain a record in accordance withsubsection (a) of this section does not apply to any information the solepurpose of which is to enable the record to be sent, communicated or received.

 

(c) A person may satisfy subsection (a) of this section byusing the services of another person if the requirements of that subsection aresatisfied.

 

(d) If a law requires a record to be presented or retained inits original form, or provides consequences if the record is not presented orretained in its original form, that law is satisfied by an electronic recordretained in accordance with subsection (a) of this section.

 

(e) If a law requires retention of a check, that requirement issatisfied by retention of an electronic record of the information on the frontand back of the check in accordance with subsection (a) of this section.

 

(f) A record retained as an electronic record in accordancewith subsection (a) of this section satisfies a law requiring a person toretain a record for evidentiary, audit or like purposes, unless a law enactedafter the effective date of this act specifically prohibits the use of anelectronic record for the specified purpose.

 

(g) This section does not preclude a governmental agency ofthis state from specifying additional requirements for the retention of arecord subject to the agency's jurisdiction.

 

40-21-113. Admissibility in evidence.

 

In a proceeding, evidence of a record orsignature may not be excluded solely because it is in electronic form.

 

40-21-114. Automated transaction.

 

(a) In an automated transaction, the following rules apply:

 

(i) A contract may be formed by the interaction of electronicagents of the parties, even if no individual was aware of or reviewed theelectronic agents' actions or the resulting terms and agreements;

 

(ii) A contract may be formed by the interaction of anelectronic agent and an individual, acting on the individual's own behalf orfor another person, including by an interaction in which the individualperforms actions that the individual is free to refuse to perform and which theindividual knows or has reason to know will cause the electronic agent tocomplete the transaction or performance;

 

(iii) The terms of the contract are determined by the substantivelaw applicable to it.

 

40-21-115. Time and place of sending and receipt.

 

(a) Unless otherwise agreed between the sender and therecipient, an electronic record is sent when it:

 

(i) Is addressed properly or otherwise directed properly to aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent andfrom which the recipient is able to retrieve the electronic record;

 

(ii) Is in a form capable of being processed by that system; and

 

(iii) Enters an information processing system outside the controlof the sender or of a person that sent the electronic record on behalf of thesender or enters a region of the information processing system designated orused by the recipient which is under the control of the recipient.

 

(b) Unless otherwise agreed between a sender and the recipient,an electronic record is received when:

 

(i) It enters an information processing system that therecipient has designated or uses for the purpose of receiving electronicrecords or information of the type sent and from which the recipient is able toretrieve the electronic record; and

 

(ii) It is in a form capable of being processed by that system.

 

(c) Subsection (b) of this section applies even if the placethe information processing system is located is different from the place theelectronic record is deemed to be received under subsection (d) of thissection.

 

(d) Unless otherwise expressly provided in the electronicrecord or agreed between the sender and the recipient, an electronic record isdeemed to be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:

 

(i) If the sender or recipient has more than one (1) place ofbusiness, the place of business of that person is the place having the closestrelationship to the underlying transaction;

 

(ii) If the sender or the recipient does not have a place ofbusiness, the place of business is the sender's or recipient's residence, asthe case may be.

 

(e) An electronic record is received under subsection (b) ofthis section even if no individual is aware of its receipt.

 

(f) Receipt of an electronic acknowledgment from an informationprocessing system described in subsection (b) of this section establishes thata record was received but, by itself, does not establish that the content sentcorresponds to the content received.

 

(g) If a person is aware that an electronic record purportedlysent under subsection (a) of this section, or purportedly received undersubsection (b) of this section, was not actually sent or received, the legaleffect of the sending or receipt is determined by other applicable law. Exceptto the extent permitted by the other law, the requirements of this subsectionmay not be varied by agreement.

 

40-21-116. Transferable records.

 

(a) In this section, "transferable record" means anelectronic record that:

 

(i) Would be a note under article 3 of the Uniform CommercialCode or a document under article 7 of the Uniform Commercial Code if theelectronic record were in writing; and

 

(ii) The issuer of the electronic record expressly has agreed isa transferable record.

 

(b) A person has control of a transferable record if a systememployed for evidencing the transfer of interests in the transferable recordreliably establishes that person as the person to which the transferable recordwas issued or transferred.

 

(c) A system satisfies subsection (b) of this section, and aperson is deemed to have control of a transferable record, if the transferablerecord is created, stored and assigned in such a manner that:

 

(i) A single authoritative copy of the transferable recordexists which is unique, identifiable and, except as otherwise provided inparagraphs (iv), (v) and (vi) of this subsection, unalterable;

 

(ii) The authoritative copy identifies the person asserting controlas:

 

(A) The person to which the transferable record was issued; or

 

(B) If the authoritative copy indicates that the transferablerecord has been transferred, the person to which the transferable record wasmost recently transferred.

 

(iii) The authoritative copy is communicated to and maintained bythe person asserting control or its designated custodian;

 

(iv) Copies or revisions that add or change an identifiedassignee of the authoritative copy can be made only with the consent of theperson asserting control;

 

(v) Each copy of the authoritative copy and any copy of a copyis readily identifiable as a copy that is not the authoritative copy; and

 

(vi) Any revision of the authoritative copy is readilyidentifiable as authorized or unauthorized.

 

(d) Except as otherwise agreed, a person having control of atransferable record is the holder, as defined in W.S. 34.1-1-201(a)(xx), of thetransferable record and has the same rights and defenses as a holder of anequivalent record or writing under the Uniform Commercial Code, including, ifthe applicable statutory requirements under W.S. 34.1-3-302(a), 34.1-7-501 or34.1-9-308 of the Uniform Commercial Code are satisfied, the rights anddefenses of a holder in due course, a holder to which a negotiable document oftitle has been duly negotiated, or a purchaser, respectively. Delivery,possession and indorsement are not required to obtain or exercise any of therights under this subsection.

 

(e) Except as otherwise agreed, an obligor under a transferablerecord has the same rights and defenses as an equivalent obligor underequivalent records or writings under the Uniform Commercial Code.

 

(f) If requested by a person against which enforcement issought, the person seeking to enforce the transferable record shall providereasonable proof that the person is in control of the transferable record.Proof may include access to the authoritative copy of the transferable recordand related business records sufficient to review the terms of the transferablerecord and to establish the identity of the person having control of thetransferable record.

 

40-21-117. Creation and retention of electronic records and conversionof written records by government agencies.

 

Each governmental agency shall determinewhether, and the extent to which, a governmental agency will create and retainelectronic records and convert written records to electronic records.

 

40-21-118. Acceptance and distribution of electronic records bygovernmental agencies.

 

(a) Except as otherwise provided in W.S. 40-21-112(f), eachgovernmental agency of this state shall determine whether, and the extent towhich, governmental agency will send and accept electronic records andelectronic signatures to and from other persons and otherwise create, generate,communicate, store, process, use and rely upon electronic records andelectronic signatures.

 

(b) To the extent that a governmental agency uses electronicrecords and electronic signatures under subsection (a) of this section, thestate chief information officer shall promulgate rules in accordance with theWyoming Administrative Procedure Act to specify for state agencies:

 

(i) The manner and format in which the electronic records mustbe created, generated, sent, communicated, received and stored and the systemsestablished for those purposes;

 

(ii) If electronic records must be signed by electronic means,the type of electronic signature required, the manner and format in which theelectronic signature must be affixed to the electronic record and the identityof, or criteria that must be met by, any third party used by a person filing adocument to facilitate the process;

 

(iii) Control processes and procedures as appropriate to ensureadequate preservation, disposition, integrity, security, confidentiality andauditability of electronic records; and

 

(iv) Any other required attributes for electronic records whichare specified for corresponding nonelectronic records or reasonably necessaryunder the circumstances.

 

(c) Except as otherwise provided in W.S. 40-21-112(f), this actdoes not require a governmental agency of this state to use or permit the useof electronic records or electronic signatures.

 

40-21-119. Interoperability.

 

The state chief information officer inadopting standards pursuant to W.S. 40-21-118 may encourage and promoteconsistency and interoperability with similar requirements adopted by othergovernmental agencies of this and other states and the federal government andnongovernmental persons interacting with governmental agencies of this state.If appropriate, those standards may specify differing levels of standards fromwhich governmental agencies of this state may choose in implementing the mostappropriate standard for a particular application.

 

State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter21

CHAPTER 21 - UNIFORM ELECTRONIC TRANSACTIONS ACT

 

40-21-101. Short title.

 

This act may be cited as the "UniformElectronic Transactions Act."

 

40-21-102. Definitions.

 

(a) In this article unless the context otherwise requires:

 

(i) "Agreement" means the bargain of the parties infact, as found in their language or inferred from other circumstances and fromrules, regulations and procedures given the effect of agreements under lawsotherwise applicable to a particular transaction;

 

(ii) "Automated transaction" means a transactionconducted or performed, in whole or in part, by electronic means or electronicrecords, in which the acts or records of one (1) or both parties are notreviewed by an individual in the ordinary course in forming a contract,performing under an existing contract or fulfilling an obligation required bythe transaction;

 

(iii) "Computer program" means a set of statements orinstructions to be used directly or indirectly in an information processingsystem in order to bring about a certain result;

 

(iv) "Contract" means the total legal obligationresulting from the parties' agreement as affected by this act and otherapplicable law;

 

(v) "Electronic" means relating to technology havingelectrical, digital, magnetic, wireless, optical, electromagnetic or similarcapabilities;

 

(vi) "Electronic agent" means a computer program or anelectronic or other automated means used independently to initiate an action orrespond to electronic records or performances in whole or in part, withoutreview or action by an individual;

 

(vii) "Electronic record" means a record created,generated, sent, communicated, received or stored by electronic means;

 

(viii) "Electronic signature" means an electronic sound,symbol or process attached to or logically associated with a record andexecuted or adopted by a person with the intent to sign the record;

 

(ix) "Governmental agency" means an executive,legislative or judicial agency, department, board, commission, authority,institution or instrumentality of the federal government or of a state or of acounty, municipality or other political subdivision of a state;

 

(x) "Information" means data, text, images, sounds,codes, computer programs, software, databases or the like;

 

(xi) "Information processing system" means anelectronic system for creating, generating, sending, receiving, storing,displaying or processing information;

 

(xii) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture, governmental agency, public corporation or anyother legal or commercial entity;

 

(xiii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;

 

(xiv) "Security procedure" means a procedure employedfor the purpose of verifying that an electronic signature, record orperformance is that of a specific person or for detecting changes or errors inthe information in an electronic record. The term includes a procedure thatrequires the use of algorithms or other codes, identifying words or numbers,encryption, or callback or other acknowledgment procedures;

 

(xv) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates. The term includes an Indian tribe or band, or Alaskan native village,which is recognized by federal law or formally acknowledged by a state;

 

(xvi) "Transaction" means an action or set of actionsoccurring between two (2) or more persons relating to the conduct of business,commercial or governmental affairs;

 

(xvii) "This act" means W.S. 40-21-101 through40-21-119.

 

40-21-103. Scope.

 

(a) Except as otherwise provided in subsection (b) of thissection, this act applies to electronic records and electronic signaturesrelating to a transaction.

 

(b) This act does not apply to a transaction to the extent itis governed by:

 

(i) A law governing the creation and execution of wills,codicils or testamentary trusts;

 

(ii) The Uniform Commercial Code other than W.S. 34.1-1-107 and34.1-1-206, article 2 and article 2A; and

 

(iii) The Uniform Computer Information Transactions Act.

 

(c) This act applies to an electronic record or electronicsignature otherwise excluded from the application of this act under subsection(b) of this section to the extent it is governed by a law other than thosespecified in subsection (b) of this section.

 

(d) A transaction subject to this act is also subject to otherapplicable substantive law.

 

40-21-104. Application.

 

This act applies to any electronic recordor electronic signature created, generated, sent, communicated, received orstored on or after July 1, 2001.

 

40-21-105. Use of electronic records and electronic signatures,variation by agreement.

 

(a) This act does not require a record or signature to becreated, generated, sent, communicated, received, stored or otherwise processedor used by electronic means or in electronic form.

 

(b) This act applies only to transactions between parties eachof which has agreed to conduct transactions by electronic means. Whether theparties agree to conduct a transaction by electronic means is determined fromthe context and surrounding circumstances, including the parties' conduct.

 

(c) A party that agrees to conduct a transaction by electronicmeans may refuse to conduct other transactions by electronic means. The rightgranted by this subsection may not be waived by agreement.

 

(d) Except as otherwise provided in this act, the effect of anyof its provisions may be varied by agreement. The presence in certainprovisions of this act of the words "unless otherwise agreed", orwords of similar import, does not imply that the effect of other provisions maynot be varied by agreement.

 

(e) Whether an electronic record or electronic signature haslegal consequences is determined by this act and other applicable law.

 

40-21-106. Construction and application.

 

(a) This act must be construed and applied:

 

(i) To facilitate electronic transactions consistent with otherapplicable law;

 

(ii) To be consistent with reasonable practices concerningelectronic transactions and with the continued expansion of those practices;and

 

(iii) To effectuate its general purpose to make uniform the lawwith respect to the subject of this act among states enacting it.

 

40-21-107. Legal recognition of electronic records, electronicsignatures and electronic contracts.

 

(a) A record or signature may not be denied legal effect orenforceability solely because it is in electronic form.

 

(b) A contract may not be denied legal effect or enforceabilitysolely because an electronic record was used in its formation.

 

(c) If a law requires a record to be in writing, an electronicrecord satisfies the law.

 

(d) If a law requires a signature, an electronic signaturesatisfies the law.

 

40-21-108. Provisions of information in writing; presentation ofrecords.

 

(a) If parties have agreed to conduct a transaction byelectronic means and a law requires a person to provide, send, or deliverinformation in writing to another person, the requirement is satisfied if theinformation is provided, sent or delivered, as the case may be, in anelectronic record capable of retention by the recipient at the time of receipt.An electronic record is not capable of retention by the recipient if the senderor its information processing system inhibits the ability of the recipient toprint or store the electronic record.

 

(b) If a law other than this act requires a record to be postedor displayed in a certain manner, to be sent, communicated or transmitted by aspecified method or to contain information that is formatted in a certainmanner, the following rules apply:

 

(i) The record must be posted or displayed in the mannerspecified in the other law;

 

(ii) Except as otherwise provided in paragraph (d)(ii) of thissection, the record must be sent, communicated or transmitted by the methodspecified in the other law;

 

(iii) The record must contain the information formatted in themanner specified in the other law.

 

(c) If a sender inhibits the ability of a recipient to store orprint an electronic record, the electronic record is not enforceable againstthe recipient.

 

(d) The requirements of this section may not be varied byagreement, but:

 

(i) To the extent a law other than this act requiresinformation to be provided, sent or delivered in writing but permits thatrequirement to be varied by agreement, the requirement under subsection (a) ofthis section that the information be in the form of an electronic recordcapable of retention may also be varied by agreement; and

 

(ii) A requirement under a law other than this act to send,communicate or transmit a record by first-class mail, postage prepaid orregular United States mail, may be varied by agreement to the extent permittedby the other law.

 

40-21-109. Attribution and effect of electronic record and electronicsignature.

 

(a) An electronic record or electronic signature isattributable to a person if it was the act of the person. The act of the personmay be shown in any manner, including a showing of the efficacy of any securityprocedure applied to determine the person to which the electronic record orelectronic signature was attributable.

 

(b) The effect of an electronic record or electronic signatureattributed to a person under subsection (a) of this section is determined fromthe context and surrounding circumstances at the time of its creation,execution or adoption, including the parties' agreement, if any, and otherwiseas provided by law.

 

40-21-110. Effect of change or error.

 

(a) If a change or error in an electronic record occurs in atransmission between parties to a transaction, the following rules apply:

 

(i) If the parties have agreed to use a security procedure todetect changes or errors and one (1) party has conformed to the procedure, butthe other party has not, and the nonconforming party would have detected thechange or error had that party also conformed, the conforming party may avoidthe effect of the changed or erroneous electronic record;

 

(ii) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted from anerror made by the individual in dealing with the electronic agent of anotherperson if the electronic agent did not provide an opportunity for theprevention or correction of the error and, at the time the individual learns ofthe error, the individual:

 

(A) Promptly notifies the other person of the error and thatthe individual did not intend to be bound by the electronic record received bythe other person;

 

(B) Takes reasonable steps, including steps that conform to theother person's reasonable instructions, to return to the other person or, ifinstructed by the other person, to destroy the consideration received, if any,as a result of the erroneous electronic record; and

 

(C) Has not used or received any benefit or value from theconsideration, if any, received from the other person.

 

(iii) If neither paragraph (i) nor (ii) of this subsectionapplies, the change or error has the effect provided by other law, includingthe law of mistake, and the parties' contract, if any;

 

(iv) Paragraphs (ii) and (iii) of this subsection may not bevaried by agreement.

 

40-21-111. Notarization and acknowledgment.

 

If a law requires a signature or record tobe notarized, acknowledged, verified or made under oath, the requirement issatisfied if the electronic signature of the person authorized to perform thoseacts, together with all other information required to be included by otherapplicable law, is attached to or logically associated with the signature orrecord.

 

40-21-112. Retention to electronic records, originals.

 

(a) If a law requires that a record be retained, therequirement is satisfied by retaining an electronic record of the informationin the record which:

 

(i) Accurately reflects the information set forth in the recordafter it was first generated in its final form as an electronic record orotherwise; and

 

(ii) Remains accessible for later reference.

 

(b) A requirement to retain a record in accordance withsubsection (a) of this section does not apply to any information the solepurpose of which is to enable the record to be sent, communicated or received.

 

(c) A person may satisfy subsection (a) of this section byusing the services of another person if the requirements of that subsection aresatisfied.

 

(d) If a law requires a record to be presented or retained inits original form, or provides consequences if the record is not presented orretained in its original form, that law is satisfied by an electronic recordretained in accordance with subsection (a) of this section.

 

(e) If a law requires retention of a check, that requirement issatisfied by retention of an electronic record of the information on the frontand back of the check in accordance with subsection (a) of this section.

 

(f) A record retained as an electronic record in accordancewith subsection (a) of this section satisfies a law requiring a person toretain a record for evidentiary, audit or like purposes, unless a law enactedafter the effective date of this act specifically prohibits the use of anelectronic record for the specified purpose.

 

(g) This section does not preclude a governmental agency ofthis state from specifying additional requirements for the retention of arecord subject to the agency's jurisdiction.

 

40-21-113. Admissibility in evidence.

 

In a proceeding, evidence of a record orsignature may not be excluded solely because it is in electronic form.

 

40-21-114. Automated transaction.

 

(a) In an automated transaction, the following rules apply:

 

(i) A contract may be formed by the interaction of electronicagents of the parties, even if no individual was aware of or reviewed theelectronic agents' actions or the resulting terms and agreements;

 

(ii) A contract may be formed by the interaction of anelectronic agent and an individual, acting on the individual's own behalf orfor another person, including by an interaction in which the individualperforms actions that the individual is free to refuse to perform and which theindividual knows or has reason to know will cause the electronic agent tocomplete the transaction or performance;

 

(iii) The terms of the contract are determined by the substantivelaw applicable to it.

 

40-21-115. Time and place of sending and receipt.

 

(a) Unless otherwise agreed between the sender and therecipient, an electronic record is sent when it:

 

(i) Is addressed properly or otherwise directed properly to aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent andfrom which the recipient is able to retrieve the electronic record;

 

(ii) Is in a form capable of being processed by that system; and

 

(iii) Enters an information processing system outside the controlof the sender or of a person that sent the electronic record on behalf of thesender or enters a region of the information processing system designated orused by the recipient which is under the control of the recipient.

 

(b) Unless otherwise agreed between a sender and the recipient,an electronic record is received when:

 

(i) It enters an information processing system that therecipient has designated or uses for the purpose of receiving electronicrecords or information of the type sent and from which the recipient is able toretrieve the electronic record; and

 

(ii) It is in a form capable of being processed by that system.

 

(c) Subsection (b) of this section applies even if the placethe information processing system is located is different from the place theelectronic record is deemed to be received under subsection (d) of thissection.

 

(d) Unless otherwise expressly provided in the electronicrecord or agreed between the sender and the recipient, an electronic record isdeemed to be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:

 

(i) If the sender or recipient has more than one (1) place ofbusiness, the place of business of that person is the place having the closestrelationship to the underlying transaction;

 

(ii) If the sender or the recipient does not have a place ofbusiness, the place of business is the sender's or recipient's residence, asthe case may be.

 

(e) An electronic record is received under subsection (b) ofthis section even if no individual is aware of its receipt.

 

(f) Receipt of an electronic acknowledgment from an informationprocessing system described in subsection (b) of this section establishes thata record was received but, by itself, does not establish that the content sentcorresponds to the content received.

 

(g) If a person is aware that an electronic record purportedlysent under subsection (a) of this section, or purportedly received undersubsection (b) of this section, was not actually sent or received, the legaleffect of the sending or receipt is determined by other applicable law. Exceptto the extent permitted by the other law, the requirements of this subsectionmay not be varied by agreement.

 

40-21-116. Transferable records.

 

(a) In this section, "transferable record" means anelectronic record that:

 

(i) Would be a note under article 3 of the Uniform CommercialCode or a document under article 7 of the Uniform Commercial Code if theelectronic record were in writing; and

 

(ii) The issuer of the electronic record expressly has agreed isa transferable record.

 

(b) A person has control of a transferable record if a systememployed for evidencing the transfer of interests in the transferable recordreliably establishes that person as the person to which the transferable recordwas issued or transferred.

 

(c) A system satisfies subsection (b) of this section, and aperson is deemed to have control of a transferable record, if the transferablerecord is created, stored and assigned in such a manner that:

 

(i) A single authoritative copy of the transferable recordexists which is unique, identifiable and, except as otherwise provided inparagraphs (iv), (v) and (vi) of this subsection, unalterable;

 

(ii) The authoritative copy identifies the person asserting controlas:

 

(A) The person to which the transferable record was issued; or

 

(B) If the authoritative copy indicates that the transferablerecord has been transferred, the person to which the transferable record wasmost recently transferred.

 

(iii) The authoritative copy is communicated to and maintained bythe person asserting control or its designated custodian;

 

(iv) Copies or revisions that add or change an identifiedassignee of the authoritative copy can be made only with the consent of theperson asserting control;

 

(v) Each copy of the authoritative copy and any copy of a copyis readily identifiable as a copy that is not the authoritative copy; and

 

(vi) Any revision of the authoritative copy is readilyidentifiable as authorized or unauthorized.

 

(d) Except as otherwise agreed, a person having control of atransferable record is the holder, as defined in W.S. 34.1-1-201(a)(xx), of thetransferable record and has the same rights and defenses as a holder of anequivalent record or writing under the Uniform Commercial Code, including, ifthe applicable statutory requirements under W.S. 34.1-3-302(a), 34.1-7-501 or34.1-9-308 of the Uniform Commercial Code are satisfied, the rights anddefenses of a holder in due course, a holder to which a negotiable document oftitle has been duly negotiated, or a purchaser, respectively. Delivery,possession and indorsement are not required to obtain or exercise any of therights under this subsection.

 

(e) Except as otherwise agreed, an obligor under a transferablerecord has the same rights and defenses as an equivalent obligor underequivalent records or writings under the Uniform Commercial Code.

 

(f) If requested by a person against which enforcement issought, the person seeking to enforce the transferable record shall providereasonable proof that the person is in control of the transferable record.Proof may include access to the authoritative copy of the transferable recordand related business records sufficient to review the terms of the transferablerecord and to establish the identity of the person having control of thetransferable record.

 

40-21-117. Creation and retention of electronic records and conversionof written records by government agencies.

 

Each governmental agency shall determinewhether, and the extent to which, a governmental agency will create and retainelectronic records and convert written records to electronic records.

 

40-21-118. Acceptance and distribution of electronic records bygovernmental agencies.

 

(a) Except as otherwise provided in W.S. 40-21-112(f), eachgovernmental agency of this state shall determine whether, and the extent towhich, governmental agency will send and accept electronic records andelectronic signatures to and from other persons and otherwise create, generate,communicate, store, process, use and rely upon electronic records andelectronic signatures.

 

(b) To the extent that a governmental agency uses electronicrecords and electronic signatures under subsection (a) of this section, thestate chief information officer shall promulgate rules in accordance with theWyoming Administrative Procedure Act to specify for state agencies:

 

(i) The manner and format in which the electronic records mustbe created, generated, sent, communicated, received and stored and the systemsestablished for those purposes;

 

(ii) If electronic records must be signed by electronic means,the type of electronic signature required, the manner and format in which theelectronic signature must be affixed to the electronic record and the identityof, or criteria that must be met by, any third party used by a person filing adocument to facilitate the process;

 

(iii) Control processes and procedures as appropriate to ensureadequate preservation, disposition, integrity, security, confidentiality andauditability of electronic records; and

 

(iv) Any other required attributes for electronic records whichare specified for corresponding nonelectronic records or reasonably necessaryunder the circumstances.

 

(c) Except as otherwise provided in W.S. 40-21-112(f), this actdoes not require a governmental agency of this state to use or permit the useof electronic records or electronic signatures.

 

40-21-119. Interoperability.

 

The state chief information officer inadopting standards pursuant to W.S. 40-21-118 may encourage and promoteconsistency and interoperability with similar requirements adopted by othergovernmental agencies of this and other states and the federal government andnongovernmental persons interacting with governmental agencies of this state.If appropriate, those standards may specify differing levels of standards fromwhich governmental agencies of this state may choose in implementing the mostappropriate standard for a particular application.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter21

CHAPTER 21 - UNIFORM ELECTRONIC TRANSACTIONS ACT

 

40-21-101. Short title.

 

This act may be cited as the "UniformElectronic Transactions Act."

 

40-21-102. Definitions.

 

(a) In this article unless the context otherwise requires:

 

(i) "Agreement" means the bargain of the parties infact, as found in their language or inferred from other circumstances and fromrules, regulations and procedures given the effect of agreements under lawsotherwise applicable to a particular transaction;

 

(ii) "Automated transaction" means a transactionconducted or performed, in whole or in part, by electronic means or electronicrecords, in which the acts or records of one (1) or both parties are notreviewed by an individual in the ordinary course in forming a contract,performing under an existing contract or fulfilling an obligation required bythe transaction;

 

(iii) "Computer program" means a set of statements orinstructions to be used directly or indirectly in an information processingsystem in order to bring about a certain result;

 

(iv) "Contract" means the total legal obligationresulting from the parties' agreement as affected by this act and otherapplicable law;

 

(v) "Electronic" means relating to technology havingelectrical, digital, magnetic, wireless, optical, electromagnetic or similarcapabilities;

 

(vi) "Electronic agent" means a computer program or anelectronic or other automated means used independently to initiate an action orrespond to electronic records or performances in whole or in part, withoutreview or action by an individual;

 

(vii) "Electronic record" means a record created,generated, sent, communicated, received or stored by electronic means;

 

(viii) "Electronic signature" means an electronic sound,symbol or process attached to or logically associated with a record andexecuted or adopted by a person with the intent to sign the record;

 

(ix) "Governmental agency" means an executive,legislative or judicial agency, department, board, commission, authority,institution or instrumentality of the federal government or of a state or of acounty, municipality or other political subdivision of a state;

 

(x) "Information" means data, text, images, sounds,codes, computer programs, software, databases or the like;

 

(xi) "Information processing system" means anelectronic system for creating, generating, sending, receiving, storing,displaying or processing information;

 

(xii) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture, governmental agency, public corporation or anyother legal or commercial entity;

 

(xiii) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;

 

(xiv) "Security procedure" means a procedure employedfor the purpose of verifying that an electronic signature, record orperformance is that of a specific person or for detecting changes or errors inthe information in an electronic record. The term includes a procedure thatrequires the use of algorithms or other codes, identifying words or numbers,encryption, or callback or other acknowledgment procedures;

 

(xv) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands or anyterritory or insular possession subject to the jurisdiction of the UnitedStates. The term includes an Indian tribe or band, or Alaskan native village,which is recognized by federal law or formally acknowledged by a state;

 

(xvi) "Transaction" means an action or set of actionsoccurring between two (2) or more persons relating to the conduct of business,commercial or governmental affairs;

 

(xvii) "This act" means W.S. 40-21-101 through40-21-119.

 

40-21-103. Scope.

 

(a) Except as otherwise provided in subsection (b) of thissection, this act applies to electronic records and electronic signaturesrelating to a transaction.

 

(b) This act does not apply to a transaction to the extent itis governed by:

 

(i) A law governing the creation and execution of wills,codicils or testamentary trusts;

 

(ii) The Uniform Commercial Code other than W.S. 34.1-1-107 and34.1-1-206, article 2 and article 2A; and

 

(iii) The Uniform Computer Information Transactions Act.

 

(c) This act applies to an electronic record or electronicsignature otherwise excluded from the application of this act under subsection(b) of this section to the extent it is governed by a law other than thosespecified in subsection (b) of this section.

 

(d) A transaction subject to this act is also subject to otherapplicable substantive law.

 

40-21-104. Application.

 

This act applies to any electronic recordor electronic signature created, generated, sent, communicated, received orstored on or after July 1, 2001.

 

40-21-105. Use of electronic records and electronic signatures,variation by agreement.

 

(a) This act does not require a record or signature to becreated, generated, sent, communicated, received, stored or otherwise processedor used by electronic means or in electronic form.

 

(b) This act applies only to transactions between parties eachof which has agreed to conduct transactions by electronic means. Whether theparties agree to conduct a transaction by electronic means is determined fromthe context and surrounding circumstances, including the parties' conduct.

 

(c) A party that agrees to conduct a transaction by electronicmeans may refuse to conduct other transactions by electronic means. The rightgranted by this subsection may not be waived by agreement.

 

(d) Except as otherwise provided in this act, the effect of anyof its provisions may be varied by agreement. The presence in certainprovisions of this act of the words "unless otherwise agreed", orwords of similar import, does not imply that the effect of other provisions maynot be varied by agreement.

 

(e) Whether an electronic record or electronic signature haslegal consequences is determined by this act and other applicable law.

 

40-21-106. Construction and application.

 

(a) This act must be construed and applied:

 

(i) To facilitate electronic transactions consistent with otherapplicable law;

 

(ii) To be consistent with reasonable practices concerningelectronic transactions and with the continued expansion of those practices;and

 

(iii) To effectuate its general purpose to make uniform the lawwith respect to the subject of this act among states enacting it.

 

40-21-107. Legal recognition of electronic records, electronicsignatures and electronic contracts.

 

(a) A record or signature may not be denied legal effect orenforceability solely because it is in electronic form.

 

(b) A contract may not be denied legal effect or enforceabilitysolely because an electronic record was used in its formation.

 

(c) If a law requires a record to be in writing, an electronicrecord satisfies the law.

 

(d) If a law requires a signature, an electronic signaturesatisfies the law.

 

40-21-108. Provisions of information in writing; presentation ofrecords.

 

(a) If parties have agreed to conduct a transaction byelectronic means and a law requires a person to provide, send, or deliverinformation in writing to another person, the requirement is satisfied if theinformation is provided, sent or delivered, as the case may be, in anelectronic record capable of retention by the recipient at the time of receipt.An electronic record is not capable of retention by the recipient if the senderor its information processing system inhibits the ability of the recipient toprint or store the electronic record.

 

(b) If a law other than this act requires a record to be postedor displayed in a certain manner, to be sent, communicated or transmitted by aspecified method or to contain information that is formatted in a certainmanner, the following rules apply:

 

(i) The record must be posted or displayed in the mannerspecified in the other law;

 

(ii) Except as otherwise provided in paragraph (d)(ii) of thissection, the record must be sent, communicated or transmitted by the methodspecified in the other law;

 

(iii) The record must contain the information formatted in themanner specified in the other law.

 

(c) If a sender inhibits the ability of a recipient to store orprint an electronic record, the electronic record is not enforceable againstthe recipient.

 

(d) The requirements of this section may not be varied byagreement, but:

 

(i) To the extent a law other than this act requiresinformation to be provided, sent or delivered in writing but permits thatrequirement to be varied by agreement, the requirement under subsection (a) ofthis section that the information be in the form of an electronic recordcapable of retention may also be varied by agreement; and

 

(ii) A requirement under a law other than this act to send,communicate or transmit a record by first-class mail, postage prepaid orregular United States mail, may be varied by agreement to the extent permittedby the other law.

 

40-21-109. Attribution and effect of electronic record and electronicsignature.

 

(a) An electronic record or electronic signature isattributable to a person if it was the act of the person. The act of the personmay be shown in any manner, including a showing of the efficacy of any securityprocedure applied to determine the person to which the electronic record orelectronic signature was attributable.

 

(b) The effect of an electronic record or electronic signatureattributed to a person under subsection (a) of this section is determined fromthe context and surrounding circumstances at the time of its creation,execution or adoption, including the parties' agreement, if any, and otherwiseas provided by law.

 

40-21-110. Effect of change or error.

 

(a) If a change or error in an electronic record occurs in atransmission between parties to a transaction, the following rules apply:

 

(i) If the parties have agreed to use a security procedure todetect changes or errors and one (1) party has conformed to the procedure, butthe other party has not, and the nonconforming party would have detected thechange or error had that party also conformed, the conforming party may avoidthe effect of the changed or erroneous electronic record;

 

(ii) In an automated transaction involving an individual, theindividual may avoid the effect of an electronic record that resulted from anerror made by the individual in dealing with the electronic agent of anotherperson if the electronic agent did not provide an opportunity for theprevention or correction of the error and, at the time the individual learns ofthe error, the individual:

 

(A) Promptly notifies the other person of the error and thatthe individual did not intend to be bound by the electronic record received bythe other person;

 

(B) Takes reasonable steps, including steps that conform to theother person's reasonable instructions, to return to the other person or, ifinstructed by the other person, to destroy the consideration received, if any,as a result of the erroneous electronic record; and

 

(C) Has not used or received any benefit or value from theconsideration, if any, received from the other person.

 

(iii) If neither paragraph (i) nor (ii) of this subsectionapplies, the change or error has the effect provided by other law, includingthe law of mistake, and the parties' contract, if any;

 

(iv) Paragraphs (ii) and (iii) of this subsection may not bevaried by agreement.

 

40-21-111. Notarization and acknowledgment.

 

If a law requires a signature or record tobe notarized, acknowledged, verified or made under oath, the requirement issatisfied if the electronic signature of the person authorized to perform thoseacts, together with all other information required to be included by otherapplicable law, is attached to or logically associated with the signature orrecord.

 

40-21-112. Retention to electronic records, originals.

 

(a) If a law requires that a record be retained, therequirement is satisfied by retaining an electronic record of the informationin the record which:

 

(i) Accurately reflects the information set forth in the recordafter it was first generated in its final form as an electronic record orotherwise; and

 

(ii) Remains accessible for later reference.

 

(b) A requirement to retain a record in accordance withsubsection (a) of this section does not apply to any information the solepurpose of which is to enable the record to be sent, communicated or received.

 

(c) A person may satisfy subsection (a) of this section byusing the services of another person if the requirements of that subsection aresatisfied.

 

(d) If a law requires a record to be presented or retained inits original form, or provides consequences if the record is not presented orretained in its original form, that law is satisfied by an electronic recordretained in accordance with subsection (a) of this section.

 

(e) If a law requires retention of a check, that requirement issatisfied by retention of an electronic record of the information on the frontand back of the check in accordance with subsection (a) of this section.

 

(f) A record retained as an electronic record in accordancewith subsection (a) of this section satisfies a law requiring a person toretain a record for evidentiary, audit or like purposes, unless a law enactedafter the effective date of this act specifically prohibits the use of anelectronic record for the specified purpose.

 

(g) This section does not preclude a governmental agency ofthis state from specifying additional requirements for the retention of arecord subject to the agency's jurisdiction.

 

40-21-113. Admissibility in evidence.

 

In a proceeding, evidence of a record orsignature may not be excluded solely because it is in electronic form.

 

40-21-114. Automated transaction.

 

(a) In an automated transaction, the following rules apply:

 

(i) A contract may be formed by the interaction of electronicagents of the parties, even if no individual was aware of or reviewed theelectronic agents' actions or the resulting terms and agreements;

 

(ii) A contract may be formed by the interaction of anelectronic agent and an individual, acting on the individual's own behalf orfor another person, including by an interaction in which the individualperforms actions that the individual is free to refuse to perform and which theindividual knows or has reason to know will cause the electronic agent tocomplete the transaction or performance;

 

(iii) The terms of the contract are determined by the substantivelaw applicable to it.

 

40-21-115. Time and place of sending and receipt.

 

(a) Unless otherwise agreed between the sender and therecipient, an electronic record is sent when it:

 

(i) Is addressed properly or otherwise directed properly to aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent andfrom which the recipient is able to retrieve the electronic record;

 

(ii) Is in a form capable of being processed by that system; and

 

(iii) Enters an information processing system outside the controlof the sender or of a person that sent the electronic record on behalf of thesender or enters a region of the information processing system designated orused by the recipient which is under the control of the recipient.

 

(b) Unless otherwise agreed between a sender and the recipient,an electronic record is received when:

 

(i) It enters an information processing system that therecipient has designated or uses for the purpose of receiving electronicrecords or information of the type sent and from which the recipient is able toretrieve the electronic record; and

 

(ii) It is in a form capable of being processed by that system.

 

(c) Subsection (b) of this section applies even if the placethe information processing system is located is different from the place theelectronic record is deemed to be received under subsection (d) of thissection.

 

(d) Unless otherwise expressly provided in the electronicrecord or agreed between the sender and the recipient, an electronic record isdeemed to be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:

 

(i) If the sender or recipient has more than one (1) place ofbusiness, the place of business of that person is the place having the closestrelationship to the underlying transaction;

 

(ii) If the sender or the recipient does not have a place ofbusiness, the place of business is the sender's or recipient's residence, asthe case may be.

 

(e) An electronic record is received under subsection (b) ofthis section even if no individual is aware of its receipt.

 

(f) Receipt of an electronic acknowledgment from an informationprocessing system described in subsection (b) of this section establishes thata record was received but, by itself, does not establish that the content sentcorresponds to the content received.

 

(g) If a person is aware that an electronic record purportedlysent under subsection (a) of this section, or purportedly received undersubsection (b) of this section, was not actually sent or received, the legaleffect of the sending or receipt is determined by other applicable law. Exceptto the extent permitted by the other law, the requirements of this subsectionmay not be varied by agreement.

 

40-21-116. Transferable records.

 

(a) In this section, "transferable record" means anelectronic record that:

 

(i) Would be a note under article 3 of the Uniform CommercialCode or a document under article 7 of the Uniform Commercial Code if theelectronic record were in writing; and

 

(ii) The issuer of the electronic record expressly has agreed isa transferable record.

 

(b) A person has control of a transferable record if a systememployed for evidencing the transfer of interests in the transferable recordreliably establishes that person as the person to which the transferable recordwas issued or transferred.

 

(c) A system satisfies subsection (b) of this section, and aperson is deemed to have control of a transferable record, if the transferablerecord is created, stored and assigned in such a manner that:

 

(i) A single authoritative copy of the transferable recordexists which is unique, identifiable and, except as otherwise provided inparagraphs (iv), (v) and (vi) of this subsection, unalterable;

 

(ii) The authoritative copy identifies the person asserting controlas:

 

(A) The person to which the transferable record was issued; or

 

(B) If the authoritative copy indicates that the transferablerecord has been transferred, the person to which the transferable record wasmost recently transferred.

 

(iii) The authoritative copy is communicated to and maintained bythe person asserting control or its designated custodian;

 

(iv) Copies or revisions that add or change an identifiedassignee of the authoritative copy can be made only with the consent of theperson asserting control;

 

(v) Each copy of the authoritative copy and any copy of a copyis readily identifiable as a copy that is not the authoritative copy; and

 

(vi) Any revision of the authoritative copy is readilyidentifiable as authorized or unauthorized.

 

(d) Except as otherwise agreed, a person having control of atransferable record is the holder, as defined in W.S. 34.1-1-201(a)(xx), of thetransferable record and has the same rights and defenses as a holder of anequivalent record or writing under the Uniform Commercial Code, including, ifthe applicable statutory requirements under W.S. 34.1-3-302(a), 34.1-7-501 or34.1-9-308 of the Uniform Commercial Code are satisfied, the rights anddefenses of a holder in due course, a holder to which a negotiable document oftitle has been duly negotiated, or a purchaser, respectively. Delivery,possession and indorsement are not required to obtain or exercise any of therights under this subsection.

 

(e) Except as otherwise agreed, an obligor under a transferablerecord has the same rights and defenses as an equivalent obligor underequivalent records or writings under the Uniform Commercial Code.

 

(f) If requested by a person against which enforcement issought, the person seeking to enforce the transferable record shall providereasonable proof that the person is in control of the transferable record.Proof may include access to the authoritative copy of the transferable recordand related business records sufficient to review the terms of the transferablerecord and to establish the identity of the person having control of thetransferable record.

 

40-21-117. Creation and retention of electronic records and conversionof written records by government agencies.

 

Each governmental agency shall determinewhether, and the extent to which, a governmental agency will create and retainelectronic records and convert written records to electronic records.

 

40-21-118. Acceptance and distribution of electronic records bygovernmental agencies.

 

(a) Except as otherwise provided in W.S. 40-21-112(f), eachgovernmental agency of this state shall determine whether, and the extent towhich, governmental agency will send and accept electronic records andelectronic signatures to and from other persons and otherwise create, generate,communicate, store, process, use and rely upon electronic records andelectronic signatures.

 

(b) To the extent that a governmental agency uses electronicrecords and electronic signatures under subsection (a) of this section, thestate chief information officer shall promulgate rules in accordance with theWyoming Administrative Procedure Act to specify for state agencies:

 

(i) The manner and format in which the electronic records mustbe created, generated, sent, communicated, received and stored and the systemsestablished for those purposes;

 

(ii) If electronic records must be signed by electronic means,the type of electronic signature required, the manner and format in which theelectronic signature must be affixed to the electronic record and the identityof, or criteria that must be met by, any third party used by a person filing adocument to facilitate the process;

 

(iii) Control processes and procedures as appropriate to ensureadequate preservation, disposition, integrity, security, confidentiality andauditability of electronic records; and

 

(iv) Any other required attributes for electronic records whichare specified for corresponding nonelectronic records or reasonably necessaryunder the circumstances.

 

(c) Except as otherwise provided in W.S. 40-21-112(f), this actdoes not require a governmental agency of this state to use or permit the useof electronic records or electronic signatures.

 

40-21-119. Interoperability.

 

The state chief information officer inadopting standards pursuant to W.S. 40-21-118 may encourage and promoteconsistency and interoperability with similar requirements adopted by othergovernmental agencies of this and other states and the federal government andnongovernmental persons interacting with governmental agencies of this state.If appropriate, those standards may specify differing levels of standards fromwhich governmental agencies of this state may choose in implementing the mostappropriate standard for a particular application.

 

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