Title 75, Regulation of Trade, Commerce and Investments

(1) A financing statement or continuation statement filed prior to April 1, 1978 which shall not have lapsed prior to that date shall remain effective for the period provided in the old U.C.C., but not less than five (5) years after the filing. (2) With respect to any collateral …

(1) If a security interest is perfected or has priority on April 1, 1978, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those…

Except as otherwise provided in this chapter, the old U.C.C. shall apply to any questions of priority if the positions of the parties were fixed prior to April 1, 1978. In other cases, questions of priority shall be determined by the revised U.C.C.

Unless a change in law has clearly been made, the provisions of the revised U.C.C. shall be deemed declaratory of the meaning of the old U.C.C.

This chapter may be cited as the Uniform Electronic Transactions Act.

(1) This chapter must be construed and applied:(1) To facilitate electronic transactions consistent with other applicable law;(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and(3) To effectuat…

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be …

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an el…

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re…

(1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:(1) Accurately reflects the information set forth in the record at the time it was first generated in its final form as an electr…

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

(1) In an automated transaction, the following rules apply:(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.(2) A contract may b…

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic re…

(1) In this chapter:(1) “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.(2) …

(a) In this section, “transferable record” means an electronic record that:(1) Would be a note under Article 3 of the Uniform Commercial Code (Section 75-3-101 et. seq.) or a document under Article 7 of the Uniform Commercial Code (Section 75-7-101 et. seq.) if the electronic rec…

The executive authority of each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records subject to applicable policies and standards of the Mississippi Depar…

(a) Except as otherwise provided in Section 75-12-23(f), the executive authority of each governmental agency of this State shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwis…

The governmental agency of this state which adopts standards pursuant to Section 75-12-35 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernm…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by:(1) A law governing the creation and execution of w…

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2001.

(a) 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. (b) This chapter applies only to transactions between parties each of which has agreed…

Any note, or other writing which may be assigned under any of the provisions of Chapter 3 of the Uniform Commercial Code shall, when so assigned in the manner therein provided, carry with the assignment for the benefit of the assignee all liens and other securities securing the s…

Nothing in any law of the State of Mississippi, shall in any manner whatsoever, affect the validity, or render void or voidable, the payment, certification or acceptance of a check, or other negotiable instrument, or any other transaction by a bank in this state, because done or …

An action shall not be maintained on a bill of exchange or promissory note which has been indorsed against any one secondarily liable thereon, without joining in the action all persons residing in this state who are liable before such person on the bill or note. The action shall …

The plaintiff may discontinue his suit, before verdict, against any of the indorsers, or parties secondarily liable, on payment of the costs that have accrued from joining such party in the suit.

The clerk or justice of the peace shall indorse on all executions issued on judgments rendered in suits on promissory notes and bills of exchange the names of the makers, drawers, acceptors, and indorsers, so as to designate the order in which they are liable. The sheriff or othe…

A party to such execution, who shall pay it, shall, as against any other party to it who is liable to him for the sum paid or any part of it, be entitled to the benefit of all the provisions for sureties in the chapter entitled “Principal and Surety,” being Chapter 5 of Title 87,…

This article shall be known and may be cited as the “Data Security for Money Transmitters Act”.

Subsections (2)(b), (5)(b), (9) and (10) of Section 75-14-7 shall not apply to a licensee that maintains customer information concerning fewer than five thousand (5,000) consumers.

(1) The commissioner shall have the power to examine and investigate the affairs of any covered licensee to determine whether the licensee has been or is engaged in any conduct in violation of this article. This authority is in addition to the other powers that the commissioner h…

(a) The definitions provided in Section 75-16-5 shall also apply to the terms used in this article, and the following terms as used in this article have the meanings as defined in this section, unless the context clearly indicates otherwise:(a) “Authorized user” means an employee…

(1) A licensee shall develop, implement and maintain a comprehensive information security program. (2) The information security program under subsection (1) of this section shall:(a) Be written in one or more readily accessible parts; and(b) Contain administrative, technical and …

(1) (a) A licensee shall designate a qualified individual to be responsible for implementing, overseeing and enforcing the licensee’s information security program.(b) The qualified individual may be employed by the licensee, an affiliate or a service provider. If a licensee desig…

(1) A licensee shall provide notice to the commissioner about notification events. Upon discovery of a notification event, if the notification event involves the information of any consumers in this state, the licensee shall notify the commissioner as soon as possible, but in no …

This article shall be known and may be cited as the “Mississippi Virtual Currency Kiosk Consumer Protection Act.”

(a) The definitions provided in Section 75-16-5 shall also apply to the terms used in this article, and for the purposes of this article, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:(a) “Blockchain analytics” me…

(1) A virtual currency kiosk operator may not engage in virtual currency kiosk activity or hold itself out as being able to engage in such activity with or on behalf of another person without having first obtained a license under the Money Transmission Modernization Act, Section …

(1) A virtual currency kiosk operator may not use any sign or handwritten or printed paper using the words “automatic teller machine” or “ATM” or any other words in a manner reasonably calculated to convey the impression that the entity is engaged in the business of banking unles…

(1) (a) The virtual currency kiosk operator, in establishing a relationship with a customer and before entering into an initial virtual currency kiosk transaction for, on behalf of or with the customer, shall disclose in clear, conspicuous and legible writing, both: (i) in Englis…

(1) A virtual currency kiosk operator, upon the completion of a virtual currency transaction, shall provide to the customer a receipt, in both physical (paper) and electronic (email or SMS) form, containing:(a) The name of, and contact information for, the virtual currency kiosk …

(1) A virtual currency kiosk operator shall not accept transactions of more than One Thousand Dollars ($1,000.00) per day in cash or the equivalent in virtual currency for new customers and Seven Thousand Five Hundred Dollars ($7,500.00) per day in cash or the equivalent in virtu…

(1) As used in this section, the following terms have the meanings as defined in this subsection:(a) “Live screening” means a real-time, audio-visual interaction between the customer at the virtual currency kiosk and a live representative of the virtual currency kiosk operator, c…

All virtual currency kiosk operators shall notify the Mississippi Department of Banking and Consumer Finance of any customer complaint or refund request within seventy-two (72) hours of receipt of the customer complaint or refund request.