Title 12A, Title 12A: COMMERCIAL TRANSACTIONS

12A:9-705 Effectiveness of action taken before effective date. 12A:9-705. Effectiveness of Action Taken Before Effective Date. (a) Pre-effective-date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before …

12A:9-706 When initial financing statement suffices to continue effectiveness of financing statement. 12A:9-706. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement. (a) Initial financing statement in lieu of continuation statement. The fili…

12A:9-707. Amendment of pre-effective-date financing statement. 12A:9-707. Amendment of Pre-effective-date Financing Statement. (a) Pre-effective-date financing statement". In this section, "pre-effective-date financing statement" means a financing statement filed before this cha…

12A:9-708. Persons entitled to file initial financing statement or continuation statement. 12A:9-708. Persons Entitled to File Initial Financing Statement or Continuation Statement. A person may file an initial financing statement or a continuation statement under this part if: (…

12A:9-709 Priority. 12A:9-709 Priority. (a) Law governing priority. This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this chapter takes effect, former Chapter 9 determines priority.…

12A:9-710. Retroactivity provision. 12A:9-710. Retroactivity Provision. This act, P.L.2001, c.386, amends and supplements P.L.2001, c.117 and shall take effect immediately and shall be applied retroactively to July 1, 2001. If, on or after July 1, 2001 and prior to the effective …

12A:9-801. Effective date. 12A:9-801. Effective Date. This act (P.L.2013, c.65), amends and supplements Chapter 9 of Title 12A of the New Jersey Statutes, and shall take effect on July 1, 2013. L.2013, c.65, s.30.

12A:9-802. Savings clause. 12A:9-802. Savings Clause. (a) Pre-effective date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act t…

12A:9-803. Security interest perfected before effective date. 12A:9-803. Security Interest Perfected Before Effective Date. (a) Continuing perfection: perfection requirements satisfied. A security interest that is a perfected security interest immediately before this act takes ef…

12A:9-804. Security interest unperfected before effective date. 12A:9-804. Security Interest Unperfected Before Effective Date. A security interest that is an unperfected security interest immediately before this act takes effect becomes a perfected security interest: (1) without…

12A:9-805. Effectiveness of action taken before effective date. 12A:9-805. Effectiveness of Action Taken Before Effective Date. (a) Pre-effective-date filing effective. The filing of a financing statement before this act takes effect is effective to perfect a security interest to…

12A:9-806. When initial financing statement suffices to continue effectiveness of financing statement. 12A:9-806. When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement. (a) Initial financing statement in lieu of continuation statement. The fil…

12A:9-807. Amendment of pre-effective-date financing statement. 12A:9-807. Amendment of Pre-Effective-Date Financing Statement. (a) "Pre-effective-date financing statement." In this section, "pre-effective-date financing statement" means a financing statement filed before this ac…

12A:9-808. Person entitled to file initial financing statement or continuation statement. 12A:9-808. Person Entitled to File Initial Financing Statement or Continuation Statement. A person may file an initial financing statement or a continuation statement under this part if: (1)…

12A:9-809. Priority. 12A:9-809. Priority. This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, Chapter 9 as it existed before amendment determines priority. L.2013, c…

12A:10-102. Construction This act shall be so interpreted and construed, if possible, as to effectuate its general purpose to make uniform the laws of those States which enact it. L.1961, c. 120, s. 10-102.

12A:10-103. Common law rights etc. not revived The repeal of any statute or part of a statute hereby affected shall not of itself revive any right or remedy abolished or superseded by the statute or part of a statute so repealed. L.1961, c. 120, s. 10-103.

12A:10-106. Effective date This act shall take effect January 1, 1963. L.1961, c. 120, s. 10-106.

12A:12-1. Short title 1. This act shall be known and may be cited as the "Uniform Electronic Transactions Act." L.2001, c.116, s.1.

12A:12-10. Rules applicable to changes, errors in electronic records 10. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: a. If the parties have agreed to use a security procedure to detect changes …

12A:12-11. Notarized signatures or records 11. 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 inf…

12A:12-12. Retention of electronic records 12. 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 after it was first…

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…