As used in the Electronic Authentication of Documents Act:

Terms Used In New Mexico Statutes 14-15-3

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

A. “authenticate” means to ascertain the identity of the originator, verify the integrity of the electronic data and establish a link between the data and the originator;

B. “document” means an identifiable collection of words, letters or graphical knowledge representations, regardless of the mode of representation. “Document” includes correspondence, agreements, invoices, reports, certifications, maps, drawings and images in both electronic and hard copy formats;

C. “electronic authentication” means the electronic signing of a document that establishes a verifiable link between the originator of a document and the document by means of optical, electrical, digital, magnetic, electromagnetic, wireless, telephonic, biological, a public key and private key system or other technology providing similar capabilities;

D. “office” means the information technology management office;

E. “originator” means the person who signs a document electronically; F. “person” means an individual or entity, including:

(1)     an estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture or syndicate; and

(2)     any federal, state or local governmental unit or subdivision or any agency, department or instrumentality thereof;

G. “signed” or “signature” means a symbol executed or adopted or a security procedure employed or adopted using electronic means or otherwise, by or on behalf of a person with the intent to authenticate a record; and

H. “technological neutrality” means the methods selected to carry out electronic authentication that do not require or accord greater legal status or effect to the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating or authenticating electronic records or electronic signatures.