Maine Revised Statutes Title 10 Sec. 9405 – Use of electronic records and electronic signatures; variation by agreement
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1. Electronic means or form not required. This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9405
- 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 Maine Revised Statutes Title 10 Sec. 9402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic record: means a record created, generated, sent, communicated, received or stored by electronic means. See Maine Revised Statutes Title 10 Sec. 9402
- 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 Maine Revised Statutes Title 10 Sec. 9402
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 10 Sec. 9402
- Transaction: means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial or governmental affairs. See Maine Revised Statutes Title 10 Sec. 9402
2. Consent. This chapter applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
[PL 1999, c. 762, §2 (NEW).]
3. Other transactions. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
[PL 1999, c. 762, §2 (NEW).]
4. Variance by agreement. Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
[PL 1999, c. 762, §2 (NEW).]
5. Conclusions of law. Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).