Electronic Transactions

  1. Law
  2. South Dakota Codified Laws
  3. Contracts
  4. Electronic Transactions

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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 not sent 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.

Section
53-12-43

Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.

Section
53-12-44

Obligor under transferable record has same rights and defenses as obligor under equivalent records.

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 created and retained.

Section
53-12-47

Commissioner to promulgate rules for state agencies using electronic records and signatures.

Section
53-12-48

Board of Regents to determine extent to which electronic records and signatures will be used.

Section
53-12-49

Use of electronic records or signatures by government agencies not mandated.

Section
53-12-50

Commissioner authorized to promote consistency and interoperability.