Title 53 — CONTRACTS
12 chapters · 133 sections in this title.
Definition of terms
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Terms used in this chapter mean: (1) "Agreement," the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction; (2) "Aut…
SDCL § 53-12-10 Provisions of chapter may be varied by agreement except as otherwise provided
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Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions …
SDCL § 53-12-11 Determination of legal consequences of electronic records or signatures
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Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law. Source: SL 2000, ch 225 , § 11.
SDCL § 53-12-12 Construction of chapter
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This chapter shall 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…
SDCL § 53-12-13 Electronic form of record or signature not grounds for denying its legal effect
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No record or signature may be denied legal effect or enforceability solely because it is in electronic form. Source: SL 2000, ch 225 , § 13.
SDCL § 53-12-14 Electronic record used in contract formation not grounds for denying contract
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No contract may be denied legal effect or enforceability solely because an electronic record was used in its formation. Source: SL 2000, ch 225 , § 14.
SDCL § 53-12-15 Electronic record satisfies requirement of a writing
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If a law requires a record to be in writing, an electronic record satisfies the law. Source: SL 2000, ch 225 , § 15.
SDCL § 53-12-16 Electronic signature satisfies requirement of a signature
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If a law requires a signature, an electronic signature satisfies the law. Source: SL 2000, ch 225 , § 16.
SDCL § 53-12-17 Requirement of writing satisfied by sending of electronic record
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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 electr…
SDCL § 53-12-18 Requirement that record be posted, transmitted or formatted in certain manner
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If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner; the following rules apply: (1) The record shall be po…
SDCL § 53-12-19 Electronic record not enforceable against recipient in certain situations
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If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. Source: SL 2000, ch 225 , § 19.
SDCL § 53-12-2 Transactions governed by chapter
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Except as otherwise provided in § 53-12-3 , this chapter applies to electronic records and electronic signatures relating to a transaction. Source: SL 2000, ch 225 , § 2.
SDCL § 53-12-20 Requirements of §§ 53-12-17 to 53-12-19 , inclusive, not to be varied by agreement--Exceptions
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No requirement of §§ 53-12-17 to 53-12-19 , inclusive, may be varied by agreement, but: (1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under…
SDCL § 53-12-21 Attributing electronic signature or record to person
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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 record…
SDCL § 53-12-22 Effect of electronic record or signature to be determined from context
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The effect of an electronic record or electronic signature attributed to a person under § 53-12-21 is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided…
SDCL § 53-12-23 Effect of change or error in electronic record
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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 pa…
SDCL § 53-12-24 Notarization of electronic signature
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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…
SDCL § 53-12-25 Satisfying requirement that record be retained
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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 generated in its final form as an electronic reco…
SDCL § 53-12-26 Requirement that record be retained does not apply to certain information
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A requirement to retain a record in accordance with § 53-12-25 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. Source: SL 2000, ch 225 , § 26.
SDCL § 53-12-27 Services of another person for retention of records authorized
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A person may satisfy § 53-12-25 by using the services of another person if the requirements of that subsection are satisfied. Source: SL 2000, ch 225 , § 27.
SDCL § 53-12-28 Retention of record in its original form
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If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with §
SDCL § 53-12-29 Retention of check
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If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with §
SDCL § 53-12-3 Transactions not governed by chapter
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This chapter does not apply to a transaction to the extent it is governed by: (1) The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts; (2) The Uniform Commercial Code other than §§ 57A-1-107 and 57A-1-206 , and cha…
SDCL § 53-12-30 Retention of record for evidentiary, audit, or like purposes
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A record retained as an electronic record in accordance with § 53-12-25 satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2000, specifically prohibits the use of an electronic record for the specifie…
SDCL § 53-12-31 Electronic form of record or signature not grounds for exclusion
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In a proceeding, no evidence of a record or signature may be excluded solely because it is in electronic form. Source: SL 2000, ch 225 , § 31.
SDCL § 53-12-32 Formation and terms of contract in automated transaction
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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 be …
SDCL § 53-12-33 Time that electronic record is sent
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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 recor…
SDCL § 53-12-34 Time that electronic record is received
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Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from whi…
SDCL § 53-12-35 Location of information processing system irrelevant
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Section 53-12-34 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under §
SDCL § 53-12-36 Place that electronic record is sent from and received
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Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this section, the fo…
SDCL § 53-12-37 Individual need not be aware of receipt
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An electronic record is received under § 53-12-34 even if no individual is aware of its receipt. Source: SL 2000, ch 225 , § 37.
SDCL § 53-12-38 Effect of electronic acknowledgment
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Receipt of an electronic acknowledgment from an information processing system described in § 53-12-34 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. Source: SL 2000, ch 225 , § 38.
SDCL § 53-12-39 Effect of actual knowledge that electronic record purportedly sent or received was not sent or received
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If a person is aware that an electronic record purportedly sent under § 53-12-33 , or purportedly received under § 53-12-34 , was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the…
SDCL § 53-12-4 Transactions excluded under § 53-12-3 that may be governed by chapter
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This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under § 53-12-3 to the extent it is governed by a law other than those specified in §
SDCL § 53-12-41 Person having control of transferable record
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A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. Source: SL 2000, ch 225 , § 41.
SDCL § 53-12-42 Requirements for creation, storage, and assignment of transferable record--Authoritative copy
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A system satisfies § 53-12-41 , and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) A single authoritative copy of the transferable record exists that is unique, identifiable, and,…
SDCL § 53-12-43 Person having control of transferable record is holder with same rights and defenses as holder of equivalent record
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Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision 57A-1-201(20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, i…
SDCL § 53-12-44 Obligor under transferable record has same rights and defenses as obligor under equivalent records
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Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code. Source: SL 2000, ch 225 , § 44.
SDCL § 53-12-45 Proof of control of transferable record
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If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable reco…
SDCL § 53-12-46 Government agencies to determine extent to which electronic records will be created and retained
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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. Source: SL 2000, ch 225 , § 46.
SDCL § 53-12-47 Commissioner to promulgate rules for state agencies using electronic records and signatures
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To the extent that a governmental agency uses electronic records and electronic signatures under this chapter, the commissioner of the Bureau of Information and Technology shall promulgate rules pursuant to chapter 1-26 to specify for state agencies: (1) The manner and format in …
SDCL § 53-12-48 Board of Regents to determine extent to which electronic records and signatures will be used
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With respect to records under its control, and except as otherwise provided in § 53-12-30 , the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board's control shall send and accept electronic records and electronic sign…
SDCL § 53-12-49 Use of electronic records or signatures by government agencies not mandated
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Except as otherwise provided in § 53-12-30 , this chapter does not require a governmental agency to use or permit the use of electronic records or electronic signatures. Source: SL 2000, ch 225 , § 49.
SDCL § 53-12-5 Transactions subject to chapter also subject to other applicable law
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A transaction subject to this chapter is also subject to other applicable substantive law. Source: SL 2000, ch 225 , § 5.
SDCL § 53-12-50 Commissioner authorized to promote consistency and interoperability
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The commissioner of the Bureau of Information and Technology 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 nongovernmental persons interacting wit…
SDCL § 53-12-6 Application of chapter
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This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2000. Source: SL 2000, ch 225 , § 6.
SDCL § 53-12-7 Electronic record or signature not mandated
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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. Source: SL 2000, ch 225 , § 7.
SDCL § 53-12-8 Application solely to transactions between parties agreeing to electronic transaction
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This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parti…
SDCL § 53-12-9 Party agreeing to one electronic transaction may refuse others--Right not waivable
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A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this section may not be waived by agreement. Source: SL 2000, ch 225 , § 9.