Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-20-108 Repealed By Laws 2006, Chapter 107, § 2
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Repealed By Laws 2006, Chapter 107, § 2.
W.S. § 40-20-109 Repealed By Laws 2006, Chapter 107, § 2
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Repealed By Laws 2006, Chapter 107, § 2.
W.S. § 40-20-110 provisions
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provisions. Current agreements; effect of law; void (a) Effective July 1, 2006, this chapter shall apply to all dealer agreements now in effect which have no expiration date and are a continuing contract and all other dealer agreements entered into, renewed, extended, revised, mo…
W.S. § 40-20-111 Repealed By Laws 2006, Chapter 107, § 2
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Repealed By Laws 2006, Chapter 107, § 2.
W.S. § 40-20-112 Repealed By Laws 2006, Chapter 107, § 2
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Repealed By Laws 2006, Chapter 107, § 2.
W.S. § 40-20-113 Definitions
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Definitions. (a) As used in this chapter: (i) "Current net parts price" means: (A) For current parts, the price for repair parts listed in the supplier's price list or catalogue in effect at the time the dealer agreement is cancelled or discontinued, or for purposes of W.S. 40-20…
W.S. § 40-20-114 Violations of chapter
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Violations of chapter. (a) It shall be a violation of this chapter for a supplier to take any one (1) or more of the following actions: (i) To coerce, compel or require any dealer to accept delivery of any equipment or repair parts which the dealer has not voluntarily ordered, ex…
W.S. § 40-20-115 Termination of dealer agreements
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Termination of dealer agreements. (a) A dealer may terminate a dealer agreement without cause. The dealer shall give the supplier at least thirty (30) days prior written notice of termination. No supplier may terminate a dealer agreement without good cause. Notice from the suppli…
W.S. § 40-20-116 dealers
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dealers. Termination of dealer agreements; single line (a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier. (b) No supplier may terminate a dealer agreement without good cause. For purposes of this section and W.S. 40…
W.S. § 40-20-117 Notice of termination of dealer agreement; cure of deficiency; approval of dealer ownership transfer; death of dealer
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Notice of termination of dealer agreement; cure of deficiency; approval of dealer ownership transfer; death of dealer. (a) Except as otherwise provided in this section, a supplier shall provide a dealer at least one hundred eighty (180) days prior written notice of termination of…
W.S. § 40-20-118 Death of single line dealer
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Death of single line dealer. (a) This section shall only apply to the dealer agreements between a single line dealer and a single line supplier. (b) If a dealer dies, a supplier shall have ninety (90) days in which to consider and make a determination on a request by a family mem…
W.S. § 40-20-119 Reimbursement for warranty work
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Reimbursement for warranty work. (a) If a dealer submits a warranty claim to a supplier while the dealer agreement is in effect or within sixty (60) days after the termination of the dealer agreement and if the claim is for work performed before the termination or expiration of t…
W.S. § 40-20-120 Repurchase obligations of supplier on cancellation or discontinuance of dealer agreement
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Repurchase obligations of supplier on cancellation or discontinuance of dealer agreement. (a) Whenever any dealer enters into a dealer agreement with a supplier and either the supplier or the dealer desires to cancel, not renew or otherwise discontinue the dealer agreement, the s…
W.S. § 40-20-121 Repurchase not required
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Repurchase not required. (a) The provisions of this chapter shall not require the repurchase from a dealer of: (i) Any repair part in a broken or damaged package. The supplier shall be required to repurchase a repair part in a broken or damaged package, for a repurchase price tha…
W.S. § 40-20-122 Remedies and enforcement
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Remedies and enforcement. If the supplier violates any provision of this chapter, the dealer may bring an action against the supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation, including, but not limited …
W.S. § 40-20-123 Choice of remedies; exemption from tax
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Choice of remedies; exemption from tax. (a) The provisions of this chapter shall be supplemental to any dealer agreement between the dealer and the supplier which provides the dealer with greater protection. The dealer can elect to pursue its contract remedy or the remedy provide…
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 (a) Definitions
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(a) Definitions. 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 "This act" means W.S
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"This act" means W.S. 40-21-101 through 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…
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 (a) Construction and application
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(a) Construction and application. 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 (a) apply: Automated transaction
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(a) apply: Automated transaction. In an automated transaction, the following rules (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. § 40-22-101 Short title
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Short title. This act may be cited as the "Wyoming Money Transmitters Act."
W.S. § 40-22-102 (a) Definitions
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(a) Definitions. As used in this act: (i) "Applicant" means a person filing an application for a license; (ii) "Authorized delegate" means an entity designated by the licensee to engage in the business of money transmission on behalf of a licensee; (iii) commissioner; "Commission…
W.S. § 40-22-103 License required
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License required. (a) With the exception of those persons exempt pursuant to W.S. 40-22-104, on and after October 1, 2003, no person shall engage in the business of money transmission without a license. The division shall regulate money transmitters and carry out the provisions o…
W.S. § 40-22-104 (a) Exemptions; applicability
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(a) Exemptions; applicability. This act shall not apply to: (i) The United States or any department, agency, or instrumentality thereof; (ii) The United States post office; (iii) The state or any political subdivisions thereof; (iv) Banks, bank holding companies, credit unions, b…
W.S. § 40-22-105 License requirements
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License requirements. (a) Each licensee shall at all times have a net worth of not less than twenty-five thousand dollars ($25,000.00), as calculated in accordance with generally accepted accounting principles. (b) Every corporate applicant at the time of filing of an application…
W.S. § 40-22-106 Bond or other security device
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Bond or other security device. (a) A surety bond, irrevocable letter of credit or other similar security device acceptable to the commissioner shall be provided with a license application or upon approval of the application, as determined by the applicant. An application without …
W.S. § 40-22-107 Permissible investments and statutory trust
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Permissible investments and statutory trust. (a) Each licensee shall at all times possess permissible investments having an aggregate market value calculated in accordance with generally accepted accounting principles, of not less than the aggregate face amount of all outstanding…
W.S. § 40-22-108 Application for license
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Application for license. (a) Each application for a license shall be made in writing and in a form prescribed by the commissioner. Each application shall include the following: (i) The exact name of the applicant, the applicant's principal address, any fictitious or trade name us…
W.S. § 40-22-109 Application fee
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Application fee. Each application shall be accompanied by a nonrefundable application fee not to exceed three thousand dollars ($3,000.00) for each license applied for, as set by rule of the commissioner. Any fee charged and collected under this section shall be in accordance wit…
W.S. § 40-22-110 Issuance of license
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Issuance of license. (a) After the applicant files an application, the commissioner shall investigate the financial condition and responsibility, financial and business experience, character and general fitness of the applicant. The commissioner may conduct an on site investigati…
W.S. § 40-22-111 Renewal of license and annual report
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Renewal of license and annual report. (a) Each license issued under this act shall expire on December 31. The license shall be renewed annually not later than December 1. Each licensee shall pay an annual renewal fee as set by rule of the commissioner. (b) The renewal fee shall b…
W.S. § 40-22-112 Licensee liability
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Licensee liability. A licensee's liability to any person for a money transmission conducted on that person's behalf by the licensee or an authorized delegate or a subdelegate shall be limited to the amount of money transmitted or the face amount of the payment instrument purchase…
W.S. § 40-22-113 Extraordinary reporting requirements
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Extraordinary reporting requirements. (a) Within fifteen (15) business days of the occurrence of any one (1) of the events listed in this subsection, a licensee shall file a written report with the commissioner describing the event and its expected impact on the licensee's activi…
W.S. § 40-22-114 Changes in control of a licensee
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Changes in control of a licensee. (a) A licensee shall give the commissioner written notice of a proposed change of control within fifteen (15) business days after learning of the proposed change of control. (b) The commissioner may require the licensee to provide additional info…
W.S. § 40-22-115 Examinations
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Examinations. (a) The commissioner may conduct examinations of persons licensed under this act at intervals he deems necessary to determine whether violations of this act and other applicable laws, rules and regulations pertaining to money transmissions are occurring and the freq…
W.S. § 40-22-116 Maintenance of records
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Maintenance of records. (a) Each licensee shall make, keep and preserve the following books, accounts and other records for a period of five (5) years and these records shall be open to inspection by the commissioner: (i) A record of each payment instrument; (ii) A general ledger…