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ACT NO. 44


Commerce and Trade; Electronic Transactions; Digital Signatures

This act provides the procedural structure in order to effectuate transactions accomplished via an electronic medium. An electronic record or signature can be given legal effect and enforceability, and contracts formed using electronic records can be enforced. If a law requires a record to be in writing, an electronic record satisfies the law, and if a law requires a signature, an electronic signature satisfies the law. This act does not apply to:

(1) a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts;

(2) a transaction to the extent it is governed by a state statute, regulation or other rule of law governing adoption, divorce, or other matters of family law;

(3) a transaction to the extent it is governed by the Uniform Commercial Code, other than sections 1-107 and 1-206, Article 2, and Article 2A of Title 9A;

(4) court orders or notices or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings; or

(5) any notice of:

(A) the cancellation or termination of utility services (including water, heat, and power);

(B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;

(C) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities);

(D) recall of a product, or material failure of a product, that risks endangering health or safety; or

(E) a right to cancel a home solicitation sale required pursuant to section 2454 of this title.

(6) any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

Effective Date: January 1, 2004 and applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after that date.