75-12-5 - Scope. - Mississippi Statutes

§ 75-12-5. Scope.
 

(a)  Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. 

(b)  This chapter does not apply to a transaction to the extent it is governed by: 

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts; 

(2) The Uniform Commercial Code other than Sections 75-1-107 and 75-1-206, Article 2 [(Section 75-2-101 et. seq. (sales))], and Article 2A [(Section 75-2A-101 et. seq. (leases))]; and 

(3) Title 75, Chapter 1 General Provisions, other than Section 75-1-107 Waiver or Renunciation of Claim and Section 75-1-206 Statute of Frauds on Miscellaneous Personal Property. 

(4) A statute, regulation or other rule of law governing adoption, divorce or other matters of family law. The provisions of this chapter shall not apply to court orders or notices, or official court documents (including briefs, pleadings and other writings) required to be executed in connection with court proceedings; any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials; or any notice of (a) the cancellation or termination of utility services (including water, heat and power); (b) default, acceleration, repossession, foreclosure or eviction, or right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; (c) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or (d) recall of a product, or material failure of a product, that risks endangering health or safety. 

(c)  This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b). 

(d)  A transaction subject to this chapter is also subject to other applicable substantive law. 
 

Sources: Laws, 2001, ch. 400, § 3, eff from and after July 1, 2001.