Qualification of electronic document as signed document

SDCL § 27A-11A-1.2 — under HEARINGS PROCEDURE.

SDCL § 27A-11A-1.2

If a document is required to be signed pursuant to this chapter in order to be effective, an electronic document qualifies as a signed document: (1) Without the person's physical signature, if an entity has an electronic signature system that meets a minimum security standard of two-factor authentication, such as name and password, or biometric identification that is uniquely reconcilable to a single actor and that results in a nonmodifiable document after the electronic signature is affixed, and the document indicates an electronic signature in some manner, such as "s/____________________(name of signer)"; or (2) With the person's physical signature, if the document is optically scanned into the entity's records. Source: SL 2012, ch 149 , § 28.