Title 12A, Title 12A: COMMERCIAL TRANSACTIONS

12A:12-13. Admissibility of electronic records, signatures 13. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. L.2001, c.116, s.13.

12A:12-14. Rules applicable to automated transactions 14. In an automated transaction, the following rules apply: a. 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 t…

12A:12-15. Conditions under which electronic record is sent, received 15. 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 r…

12A:12-16. Control of transferable records 16. a. As used in this section "transferable record" means an electronic record that: (1) would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic recor…

12A:12-17. Governmental agency creation, retention, conversion of electronic records 17. Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records. Additionally, each e…

12A:12-18. Use of electronic records, signatures by governmental agencies; specifications 18. a. Except as otherwise provided in subsection f. of section 12 of this act or section 17 of this act, each governmental agency shall determine whether, and the extent to which, it will s…

12A:12-19. Adoption of standards for governmental agencies 19. The Secretary of State shall adopt standards to encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal governme…

12A:12-2 Definitions relative to electronic transactions. 2. As used in this act: "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…

12A:12-20. Severability 20. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application and, to t…

12A:12-21. Use of electronic record to satisfy consumer information in writing, conditions 21. a. Notwithstanding any other provision of this act, if a law or regulation requires that information relating to the transaction be provided or made available to a consumer in writing, …

12A:12-22. Findings, declaration concerning "federal E-sign" 22. The Legislature finds and declares: That the adoption of the "Electronic Signatures in Global and National Commerce Act," Pub.L. 106-229, 114 Stat. 464 (2000), popularly known as "federal E-Sign," encourages states …

12A:12-23. Capability of electronic records retention by recipients 23. Under the provisions of subsection a. of section 8, an electronic record, to be capable of retention by the recipient at the time of receipt, must be capable of being retained and accurately reproduced for la…

12A:12-24. Accessibility of records of information 24. Under the provisions of paragraph (2) of subsection a. of section 12, a record of information remains accessible for later reference if it remains accessible to all persons who are entitled to access by statute, regulation or…

12A:12-25. The New Jersey Center for Electronic Transactions and Informational Privacy, established 25. The New Jersey Center for Electronic Transactions and Informational Privacy shall be established within the Institute of Law, Science and Technology at Seton Hall University Sc…

12A:12-26. "Statute, regulation or other rule of law" defined 26. For purposes of this act, references to "statute, regulation or other rule of law" shall include the Rules Governing the Courts of the State of New Jersey and the reference to "court orders or notices or official c…

12A:12-3 Applicability of act to electronic records, signatures; exceptions. 3. a. Except as provided in subsections b. and c. of this section, this act applies to electronic records and electronic signatures relating to a transaction. b. This act does not apply to a transaction …

12A:12-4. Act applies on or after June 26, 2001 4. This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this act. L.2001, c.116, s.4.

12A:12-5. Electronic record, signature not required 5. a. This act does not require a record or signature to be created, generated, stored, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form. b. This act applies only to t…

12A:12-6. Construction of act 6. This act shall be construed and applied: a. to facilitate electronic transactions consistent with other applicable law; b. to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those prac…

12A:12-7. Legal effect and enforceability 7. 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 forma…

12A:12-8. Use, retention, content, format of electronic records 8. 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 informa…

12A:12-9. Attribution, effect of electronic records, signatures 9. 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 pr…