Title 40, Title 40 — Trade And Commerce
32 chapters · 559 sections in this title.
W.S. § 40-21-101 Short title
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Short title. This act may be cited as the "Uniform Electronic Transactions Act."
W.S. § 40-21-102 Definitions
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Definitions. (a) In this article unless the context otherwise requires: (i) "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 laws o…
W.S. § 40-21-103 Scope
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Scope. (a) Except as otherwise provided in subsection (b) 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 to the extent it is governed by: (i) A law governing the creation an…
W.S. § 40-21-104 Applicability
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Applicability. (a) This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after July 1, 2001. (b) The Financial Technology Sandbox Act shall apply to this act.
W.S. § 40-21-105 Use of electronic records and electronic signatures, variation by agreement
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Use of electronic records and electronic signatures, variation by agreement. (a) This act 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) This act a…
W.S. § 40-21-106 Construction and application
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Construction and application. (a) This act must be construed and applied: (i) To facilitate electronic transactions consistent with other applicable law; (ii) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those p…
W.S. § 40-21-107 Legal recognition of electronic records, electronic signatures and electronic contracts
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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 solely beca…
W.S. § 40-21-108 Provisions of information in writing; presentation of records
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Provisions 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 informatio…
W.S. § 40-21-109 Attribution and effect of electronic record and electronic signature
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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 securit…
W.S. § 40-21-110 Effect of change or error
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Effect of change or error. (a) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (i) If the parties have agreed to use a security procedure to detect changes or errors and one (1) party has conformed…
W.S. § 40-21-111 Notarization and acknowledgment
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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 requir…
W.S. § 40-21-112 Retention to electronic records, originals
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Retention to 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 which: (i) Accurately reflects the information set forth in the record after it was first g…
W.S. § 40-21-113 Admissibility in evidence
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Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
W.S. § 40-21-114 Automated transaction
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Automated transaction. (a) In an automated transaction, the following rules apply: (i) 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 agreeme…
W.S. § 40-21-115 Time and place of sending and receipt
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Time and place of sending and receipt. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (i) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses fo…
W.S. § 40-21-116 Transferable records
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Transferable records. (a) In this section, "transferable record" means an electronic record that: (i) 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 record were in writing; and (ii) The…
W.S. § 40-21-117 Creation and retention of electronic records and conversion of written records by government agencies
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Creation and retention of electronic records and conversion of written records by government agencies. Each governmental agency shall determine whether, and the extent to which, a governmental agency will create and retain electronic records and convert written records to electro…
W.S. § 40-21-118 Acceptance and distribution of electronic records by governmental agencies
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Acceptance and distribution of electronic records by governmental agencies. (a) Except as otherwise provided in W.S. 40-21-112(f), each governmental agency of this state shall determine whether, and the extent to which, governmental agency will send and accept electronic records …
W.S. § 40-21-119 Interoperability
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Interoperability. The department of enterprise technology services in adopting standards pursuant to W.S. 40-21-118 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal…