§ 66-311 Short title
§ 66-312 Definitions
§ 66-313 Scope
§ 66-314 Prospective application
§ 66-315 Use of electronic records and electronic signatures; variation by agreement
§ 66-316 Construction and application
§ 66-317 Legal recognition of electronic records, electronic signatures, and electronic contracts
§ 66-318 Provision of information in writing; presentation of records
§ 66-319 Attribution and effect of electronic record and electronic signature
§ 66-320 Effect of change or error
§ 66-321 Notarization and acknowledgment
§ 66-322 Retention of electronic records; originals
§ 66-323 Admissibility in evidence
§ 66-324 Automated transaction
§ 66-325 Time and place of sending and receipt
§ 66-326 Transferable records
§ 66-327 Consumer transactions; alternative procedures for use or acceptance of electronic records or electronic signatures
§ 66-328 Procedures consistent with federal law
§ 66-329 Choice of law in computer information agreement
§ 66-330 Severability clause

Terms Used In North Carolina General Statutes > Chapter 66 > Article 40

  • 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 North Carolina General Statutes 66-312
  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See North Carolina General Statutes 66-312
  • Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See North Carolina General Statutes 66-312
  • Consumer transaction: means a transaction involving a natural person with respect to or affecting primarily personal, household, or family purposes. See North Carolina General Statutes 66-312
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this Article and other applicable law. See North Carolina General Statutes 66-312
  • 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.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See North Carolina General Statutes 66-312
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See North Carolina General Statutes 66-312
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See North Carolina General Statutes 66-312
  • 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 North Carolina General Statutes 66-312
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • 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
  • 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 a county, municipality, or other political subdivision of a state. See North Carolina General Statutes 66-312
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See North Carolina General Statutes 66-312
  • Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See North Carolina General Statutes 66-312
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See North Carolina General Statutes 66-312
  • 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 North Carolina General Statutes 66-312
  • Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See North Carolina General Statutes 66-312
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See North Carolina General Statutes 66-312
  • Statute: A law passed by a legislature.
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of consumer, business, commercial, or governmental affairs. See North Carolina General Statutes 66-312
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3