Title 59 — Trusts
28 chapters · 193 sections in this title.
N.D.C.C. § 59-22-01 (102) Definitions
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As used in this chapter: 1. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 2. "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic…
N.D.C.C. § 59-22-02 (103) Construction
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This chapter must be construed and applied to: 1. Facilitate electronic estate planning documents and signatures consistent with other law; and 2. Be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices.
N.D.C.C. § 59-22-03 (201) Scope
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1. Except as provided in subsection 2, this chapter applies to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document. 2. This chapter does not apply to a nontestamentary estate planning document if the doc…
N.D.C.C. § 59-22-04 (202) Principles of law and equity
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The law of this state and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by this chapter.
N.D.C.C. § 59-22-05 (203) Use of electronic record or signature not required
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1. This chapter does not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. 2. A pe…
N.D.C.C. § 59-22-07 (205) Attribution and effect of electronic record and electronic signature
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1. An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document 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 by showing the effi…
N.D.C.C. § 59-22-08 (206) Notarization and acknowledgment
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If any other provision of law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, a…
N.D.C.C. § 59-22-09 (207) Witnessing and attestation
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1. If any other provision of law bases the validity of a nontestamentary estate planning document on whether the document is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. 2. As used in this su…
N.D.C.C. § 59-22-10 (208) Retention of electronic record - Original
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1. Except as provided in subsection 2, if any other provision of law requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record tha…
N.D.C.C. § 59-22-11 (209) Certification of paper copy
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An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury before a notary public that the paper copy is a complete and accurate copy of the document.
N.D.C.C. § 59-22-12 (210) Admissibility in evidence
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Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because it is in electronic form.
N.D.C.C. § 59-22-13 (401) Uniformity of application and construction
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In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among the states that enact it. 59-22-14. (402) Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electroni…