Terms Used In Louisiana Revised Statutes 9:2603

  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Louisiana Revised Statutes 9:2602
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Louisiana Revised Statutes 9:2602
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Louisiana Revised Statutes 9:2602
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Louisiana Revised Statutes 9:2602
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business,  commercial, or governmental affairs. See Louisiana Revised Statutes 9:2602

            A. Except as otherwise provided in Subsection B of this Section, this Chapter applies to electronic records and electronic signatures relating to a transaction.

            B. This Chapter shall 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 the provisions of Title 10 of the Louisiana Revised Statutes of 1950.

            (3) (Reserved).

            (4)(a) Repealed by Acts 2021, No. 68, §3, eff. Jan. 1, 2022.

            (b) Any notice of any of the following:

            (i) The cancellation or termination of utility services, including water, heat, and power.

            (ii) 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.

            (iii) The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities.

            (iv) Recall of a product, or material failure of a product, that risks endangering health or safety.

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

            (d) Publications required by law to be published in the official journals provided for in Chapter 2, 4, or 5 of Title 43 of the Louisiana Revised Statutes of 1950.

            C. This Chapter applies to an electronic record or electronic signature otherwise excluded from the application of this Chapter under Subsection B of this Section to the extent it is governed by a law other than those specified by Subsection B of this Section.

            D. A transaction subject to this Chapter is also subject to other applicable substantive law.

            Acts 2001, No. 244, §1, eff. July 1, 2001; Acts 2014, No. 606, §2; Acts 2016, No. 409, §1; Acts 2021, No. 68, §§2,3, eff. Jan. 1, 2022.