Title 09, Title 09: Commerce and Trade

§ 274. Use of electronic records and electronic signatures; variation by agreement (a) 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. (b)…

§ 275. Construction and application This chapter must 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 th…

§ 276. Legal recognition of electronic records, electronic signatures, and electronic contracts (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 sole…

§ 277. Provision of information in writing; presentation of records (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 infor…

§ 278. Attribution and effect of electronic record and electronic signature (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 s…

§ 279. Effect of change or error 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 t…

§ 280. Notarization and acknowledgment 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…

§ 281. Retention of electronic records; originals (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 that: (1) accurately reflects the information set forth in the record at the time and…

§ 282. Admissibility in evidence In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. (Added 2003, No. 44, § 1, eff. Jan. 1, 2004.)

§ 283. Automated transaction 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 agree…

§ 284. Time and place of sending and receipt (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 recipient has designated or u…

§ 285. Transferable records (a) In this section, “transferable record” means an electronic record that: (1) would be a note under 9A V.S.A. § 3—104 or a document under 9A V.S.A. § 7—102 if the electronic record were in writing; and (2) the issuer of the electronic record expressl…

§ 286. Preservation of rights and obligations This chapter does not: (1) limit, alter, or otherwise affect any requirement imposed by a statute, regulation, or rule of law relating to the rights and obligations of persons under such statute, regulation, or rule of law other than …

§ 287. Consumer disclosures (a) Consent to Electronic Records. Notwithstanding other provisions of this chapter, if a statute, regulation, or other rule of law requires that information relating to a transaction or transactions be provided or made available to a consumer in writi…

§ 288. Accuracy and ability to retain contracts and other records Notwithstanding other provisions of this chapter, if a statute, regulation, or other rule of law requires that a contract or other record relating to a transaction be in writing, the legal effect, validity, or enfo…

§ 289. Procedures consistent with federal law Consistent with the provisions of Section 7002(a) of the Electronic Signatures in the Global and National Commerce Act, 15 U.S.C § 7002(a), this chapter sets forth alternative procedures or requirements for the use of electronic recor…

§ 290. Severability clause If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and…