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Title 53 - CONTRACTS
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Chapter 12 - Electronic Transactions
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SOUTH DAKOTA STATUTES AND CODES
Chapter 12 - Electronic Transactions
Section 53-12-1 - Definition of terms.
Section 53-12-2 - Transactions governed by chapter.
Section 53-12-3 - Transactions not governed by chapter.
Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.
Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.
Section 53-12-6 - Application of chapter.
Section 53-12-7 - Electronic record or signature not mandated.
Section 53-12-8 - Application solely to transactions between parties agreeing to electronic transaction.
Section 53-12-9 - Party agreeing to one electronic transaction may refuse others--Right not waivable.
Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.
Section 53-12-11 - Determination of legal consequences of electronic records or signatures.
Section 53-12-12 - Construction of chapter.
Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect.
Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract.
Section 53-12-15 - Electronic record satisfies requirement of a writing.
Section 53-12-16 - Electronic signature satisfies requirement of a signature.
Section 53-12-17 - Requirement of writing satisfied by sending of electronic record.
Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner.
Section 53-12-19 - Electronic record not enforceable against recipient in certain situations.
Section 53-12-20 - Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.
Section 53-12-21 - Attributing electronic signature or record to person.
Section 53-12-22 - Effect of electronic record or signature to be determined from context.
Section 53-12-23 - Effect of change or error in electronic record.
Section 53-12-24 - Notarization of electronic signature.
Section 53-12-25 - Satisfying requirement that record be retained.
Section 53-12-26 - Requirement that record be retained does not apply to certain information.
Section 53-12-27 - Services of another person for retention of records authorized.
Section 53-12-28 - Retention of record in its original form.
Section 53-12-29 - Retention of check.
Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes.
Section 53-12-31 - Electronic form of record or signature not grounds for exclusion.
Section 53-12-32 - Formation and terms of contract in automated transaction.
Section 53-12-33 - Time that electronic record is sent.
Section 53-12-34 - Time that electronic record is received.
Section 53-12-35 - Location of information processing system irrelevant.
Section 53-12-36 - Place that electronic record is sent from and received.
Section 53-12-37 - Individual need not be aware of receipt.
Section 53-12-38 - Effect of electronic acknowledgment.
Section 53-12-39 - Effect of actual knowledge that electronic record purportedly sent or received was notsent or received.
Section 53-12-40 - "Transferable record" defined.
Section 53-12-41 - Person having control of transferable record.
Section 53-12-42 - Requirements for creation, storage, and assignment of transferable record--Authoritative copy.
Sections 53-12-43, 53-12-44 - Person having control of transferable record is holder with same rights and defenses as holder of equivalent record. Obligor under transferable record has same rights and
Section 53-12-45 - Proof of control of transferable record.
Section 53-12-46 - Government agencies to determine extent to which electronic records will be createdand retained.
Section 53-12-47 - Commissioner to promulgate rules for state agencies using electronic records andsignatures.
Section 53-12-48 - Board of Regents to determine extent to which electronic records and signatures willbe used.
Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated.
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