| (1) |
Except as otherwise provided in Subsection (2), this chapter applies to electronic records and electronic signatures relating to a transaction. |
Terms Used In Utah Code 46-4-103
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 46-4-102
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Utah Code 46-4-102
- 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 Utah Code 46-4-102
- 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 Utah Code 46-4-102
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
| (2) |
This chapter does not apply to:
| (a) |
a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts; |
|
| (3) |
This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (2) to the extent it is governed by a law other than those specified in Subsection (2). |
| (4) |
A transaction subject to this chapter is also subject to other applicable substantive law. |
| (5) |
Nothing in this chapter requires any county recorder to accept for recording any instrument in electronic form. |
Amended by Chapter 272, 2007 General Session
