USA Statutes : nevada
Title : Title 59 - ELECTRONIC RECORDS AND TRANSACTIONS
Chapter : CHAPTER 719 - ELECTRONIC TRANSACTIONS (UNIFORM ACT)
This chapter may be cited as the Uniform
Electronic Transactions Act.
(Added to NRS by 2001, 2714 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 719.030
to 719.180 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2001, 2714 )
“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 otherwise applicable to a particular transaction.
(Added to NRS by 2001, 2714 )
“Automated
transaction” means a transaction conducted or performed, in whole or in
part, by electronic means or electronic records, in which the acts or
records of one or both parties are not reviewed by a natural person in
the ordinary course in forming a contract, performing under an existing
contract or fulfilling an obligation required by the transaction.
(Added to NRS by 2001, 2714 )
“Computer program” means
a set of statements or instructions to be used directly or indirectly in
an information processing system in order to bring about a certain result.
(Added to NRS by 2001, 2715 )
“Contract” means the total legal
obligation resulting from the parties’ agreement as affected by this
chapter and other applicable law.
(Added to NRS by 2001, 2715 )
“Electronic” means relating to
technology having electrical, digital, magnetic, wireless, optical,
electromagnetic or similar capabilities.
(Added to NRS by 2001, 2715 )
“Electronic agent” means
a computer program or an electronic or other automated means used
independently to initiate an action or respond to electronic records or
performances in whole or in part, without review or action by a natural
person.
(Added to NRS by 2001, 2715 )
“Electronic record”
means a record created, generated, sent, communicated, received or stored
by electronic means.
(Added to NRS by 2001, 2715 )
“Electronic
signature” means an electronic sound, symbol or process attached to or
logically associated with a record and executed or adopted by a person
with the intent to sign the record.
(Added to NRS by 2001, 2715 )
“Governmental agency”
means an executive, legislative or judicial agency, department, board,
commission, authority, institution or instrumentality of the Federal
Government or of a state or of a county, municipality or other political
subdivision of a state.
(Added to NRS by 2001, 2715 )
“Information” means data,
text, images, sounds, codes, computer programs, software, databases or
the like.
(Added to NRS by 2001, 2715 )
“Information
processing system” means an electronic system for creating, generating,
sending, receiving, storing, displaying or processing information.
(Added to NRS by 2001, 2715 )
“Person” includes a governmental
agency and a public corporation.
(Added to NRS by 2001, 2715 )
“Record” means information that is
inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
(Added to NRS by 2001, 2715 )
“Security procedure”
means a procedure employed for the purpose of verifying that an
electronic signature, record or performance is that of a specific person
or for detecting changes or errors in the information in an electronic
record. The term includes a procedure that requires the use of algorithms
or other codes, identifying words or numbers, encryption or callback, or
other acknowledgment procedures.
(Added to NRS by 2001, 2715 )
“State” means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin
Islands or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian tribe or
band, or Alaskan native village, which is recognized by federal law or
formally acknowledged by a state.
(Added to NRS by 2001, 2715 )
“Transaction” means an action
or set of actions occurring between two or more persons relating to the
conduct of business, commercial or governmental affairs.
(Added to NRS by 2001, 2715 )
1. Except as otherwise provided in subsection 2, the provisions of
this chapter apply to electronic records and electronic signatures
relating to a transaction.
2. The provisions of this chapter do not apply to a transaction to
the extent it is governed by:
(a) A law governing the creation and execution of wills, codicils
or testamentary trusts; or
(b) The Uniform Commercial Code other than NRS 104.1306 , 104.2101
to 104.2725 , inclusive, and 104A.2101
to 104A.2532 , inclusive.
3. The provisions of this chapter apply to an electronic record or
electronic signature otherwise excluded from the application of this
chapter under subsection 2 to the extent it is governed by a law other
than those specified in subsection 2.
4. A transaction subject to the provisions of this chapter is also
subject to other applicable substantive law.
(Added to NRS by 2001, 2715 ; A 2005, 885 )
1. The provisions of this chapter apply to any electronic record
or electronic signature created, generated, sent, communicated, received
or stored on or after October 1, 2001.
2. The provisions of section 101(c) of the Electronic Signatures
in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., apply
under this chapter to a transaction in which a natural person acquires
goods or services that are used primarily for personal, family or
household purposes.
(Added to NRS by 2001, 2716 )
1. The provisions of this chapter do 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.
2. The provisions of this chapter apply only to transactions
between parties each of whom has agreed to conduct transactions by
electronic means. Whether the parties agree to conduct a transaction by
electronic means is determined from the context and surrounding
circumstances, including the parties’ conduct.
3. A party that agrees to conduct a transaction by electronic
means may refuse to conduct other transactions by electronic means. The
right granted by this subsection may not be waived by agreement.
4. Except as otherwise provided in this chapter, the effect of any
of the provisions of this chapter may be varied by agreement. The
presence in certain provisions of this chapter of the words “unless
otherwise agreed” or words of similar import does not imply that the
effect of other provisions may not be varied by agreement.
5. Whether an electronic record or electronic signature has legal
consequences is determined by the provisions of this chapter and other
applicable law.
(Added to NRS by 2001, 2716 )
In applying and construing this uniform act, consideration must be given
to the need to promote uniformity of the law with respect to its subject
matter among states that enact it.
(Added to NRS by 2001, 2721 )
1. A record or signature may not be denied legal effect or
enforceability solely because it is in electronic form.
2. A contract may not be denied legal effect or enforceability
solely because an electronic record was used in its formation.
3. If a law requires a record to be in writing, an electronic
record satisfies the law.
4. If a law requires a signature, an electronic signature
satisfies the law.
(Added to NRS by 2001, 2716 )
1. If parties have agreed to conduct a transaction by electronic
means and a law requires that a contract or other record relating to the
transaction be in writing, the legal effect, validity or enforceability
of the contract or other record may be denied if an electronic record of
the contract or other record is not in a form that is capable of being
retained and accurately reproduced for later reference by all parties or
other persons who are entitled to retain the contract or record.
2. If a law other than this chapter requires a record to be posted
or displayed in a certain manner, to be sent, communicated or transmitted
by a specified method or to contain information that is formatted in a
certain manner, the following rules apply:
(a) The record must be posted or displayed in the manner specified
in the other law.
(b) Except as otherwise provided in paragraph (b) of subsection 6,
the record must be sent, communicated or transmitted by the method
specified in the other law.
(c) The record must contain the information formatted in the manner
specified in the other law.
3. If a sender inhibits the ability of a recipient to store or
print an electronic record, the electronic record is not enforceable
against the recipient.
4. A requirement that a notice be in writing is not satisfied by
providing or delivering the notice electronically if the notice is a
notice of:
(a) The cancellation or termination of service by a public utility;
(b) Default, acceleration, repossession, foreclosure or eviction,
or the right to cure, under a credit agreement secured by, or a rental
agreement for, a primary residence of a natural person;
(c) The cancellation or termination of a policy of health
insurance, benefits received pursuant to a policy of health insurance or
benefits received pursuant to a policy of life insurance, excluding
annuities; or
(d) The recall of a product, or material failure of a product, that
risks endangering the health or safety of a person.
5. A requirement that a document be in writing is not satisfied by
providing or delivering the document electronically if the document is
required to accompany any transportation or handling of hazardous
materials, pesticides, or other toxic or dangerous materials.
6. The requirements of this section may not be varied by
agreement, but:
(a) To the extent a law other than this chapter requires that a
contract or other record relating to a transaction be in writing but
permits that requirement to be varied by agreement, the provisions of
subsection 1 concerning the denial of the legal effect, validity or
enforceability of a contract or other record relating to a transaction
may also be varied by agreement; and
(b) A requirement under a law other than this chapter to send,
communicate or transmit a record by first-class mail, postage prepaid,
regular United States mail, may be varied by agreement to the extent
permitted by the other law.
(Added to NRS by 2001, 2716 )
1. 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 security
procedure applied to determine the person to whom the electronic record
or electronic signature was attributable.
2. The effect of an electronic record or electronic signature
attributed to a person under subsection 1 is determined from the context
and surrounding circumstances at the time of its creation, execution or
adoption, including the parties’ agreement, if any, and otherwise as
provided by law.
(Added to NRS by 2001, 2717 )
If a change or error in an
electronic record occurs in a transmission between parties to a
transaction, the following rules apply:
1. If the parties have agreed to use a security procedure to
detect changes or errors and one party has conformed to the procedure,
but the other party has not, and the nonconforming party would have
detected the change or error had that party also conformed, the
conforming party may avoid the effect of the changed or erroneous
electronic record.
2. In an automated transaction involving a natural person, the
natural person may avoid the effect of an electronic record that resulted
from an error made by him in dealing with the electronic agent of another
person if the electronic agent did not provide an opportunity for the
prevention or correction of the error and, at the time the natural person
learns of the error, the natural person:
(a) Promptly notifies the other person of the error and that the
natural person did not intend to be bound by the electronic record
received by the other person;
(b) Takes reasonable steps, including steps that conform to the
other person’s reasonable instructions, to return to the other person or,
if instructed by the other person, to destroy the consideration received,
if any, as a result of the erroneous electronic record; and
(c) Has not used or received any benefit or value from the
consideration, if any, received from the other person.
3. If neither subsection 1 nor subsection 2 applies, the change or
error has the effect provided by other law, including the law of mistake
and the parties’ contract, if any.
4. Subsections 2 and 3 may not be varied by agreement.
(Added to NRS by 2001, 2718 )
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 required to be included by other applicable law, is attached
to or logically associated with the signature or record.
(Added to NRS by 2001, 2718 )
1. 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:
(a) Accurately reflects the information set forth in the record
after it was first generated in its final form as an electronic record or
otherwise; and
(b) Remains accessible to all persons who are legally entitled to
access to the record, for the period required by law, in a form that is
capable of being accurately reproduced for later reference.
2. A requirement to retain a record in accordance with subsection
1 does not apply to any information the sole purpose of which is to
enable the record to be sent, communicated or received.
3. A person may satisfy subsection 1 by using the services of
another person if the requirements of that subsection are satisfied.
4. If a law requires a record to be presented or retained in its
original form, or provides consequences if the record is not presented or
retained in its original form, that law is satisfied by an electronic
record retained in accordance with subsection 1.
5. If a law requires retention of a check, that requirement is
satisfied by retention of an electronic record of the information on the
front and back of the check in accordance with subsection 1.
6. A record retained as an electronic record in accordance with
subsection 1 satisfies a law requiring a person to retain a record for
evidentiary, audit or like purposes, unless a law enacted after October
1, 2001, specifically prohibits the use of an electronic record for the
specified purpose.
7. This section does not preclude a governmental agency of this
state from specifying additional requirements for the retention of a
record subject to the agency’s jurisdiction.
(Added to NRS by 2001, 2718 )
In a proceeding, evidence
of a record or signature must not be excluded solely because it is in
electronic form.
(Added to NRS by 2001, 2719 )
In an automated transaction,
the following rules apply:
1. A contract may be formed by the interaction of electronic
agents of the parties, even if no natural person was aware of or reviewed
the electronic agents’ actions or the resulting terms and agreements.
2. A contract may be formed by the interaction of an electronic
agent and a natural person, acting on his own behalf or for another
person, as by an interaction in which the natural person performs actions
that he is free to refuse to perform and which he knows or has reason to
know will cause the electronic agent to complete the transaction or
performance.
3. The terms of the contract are determined by the substantive law
applicable to it.
(Added to NRS by 2001, 2719 )
1. Unless otherwise agreed between the sender and the recipient,
an electronic record is sent when it:
(a) Is addressed properly or otherwise directed properly to an
information processing system that the recipient has designated or uses
for the purpose of receiving electronic records or information of the
type sent and from which the recipient is able to retrieve the electronic
record;
(b) Is in a form capable of being processed by that system; and
(c) Enters an information processing system outside the control of
the sender or of a person that sent the electronic record on behalf of
the sender or enters a region of the information processing system
designated or used by the recipient which is under the control of the
recipient.
2. Unless otherwise agreed between a sender and the recipient, an
electronic record is received when:
(a) It enters an information processing system that the recipient
has designated or uses for the purpose of receiving electronic records or
information of the type sent and from which the recipient is able to
retrieve the electronic record; and
(b) It is in a form capable of being processed by that system.
3. Subsection 2 applies even if the place the information
processing system is located is different from the place the electronic
record is deemed to be received under subsection 4.
4. Unless otherwise expressly provided in the electronic record or
agreed between the sender and the recipient, an electronic record is
deemed to be sent from the sender’s place of business and to be received
at the recipient’s place of business. For purposes of this subsection,
the following rules apply:
(a) If the sender or recipient has more than one place of business,
his place of business is the place having the closest relationship to the
underlying transaction.
(b) If the sender or the recipient does not have a place of
business, the place of business is the sender’s or recipient’s residence,
as the case may be.
5. An electronic record is received under subsection 2 even if no
natural person is aware of its receipt.
6. Receipt of an electronic acknowledgment from an information
processing system described in subsection 2 establishes that a record was
received but, by itself, does not establish that the content sent
corresponds to the content received.
7. If a person is aware that an electronic record purportedly sent
under subsection 1, or purportedly received under subsection 2, was not
actually sent or received, the legal effect of the sending or receipt is
determined by other applicable law. Except to the extent permitted by the
other law, the requirements of this subsection may not be varied by
agreement.
(Added to NRS by 2001, 2719 )
1. In this section, “transferable record” means an electronic
record that:
(a) Would be a note under NRS 104.3101 to 104.3605 , inclusive, or a document under NRS 104.7101
to 104.7603 , inclusive, if the electronic record were in
writing; and
(b) The issuer of the electronic record expressly has agreed is a
transferable record.
2. A person has control of a transferable record if a system
employed for evidencing the transfer of interests in the transferable
record reliably establishes him as the person to whom the transferable
record was issued or transferred.
3. A system satisfies subsection 2, and a person is deemed to have
control of a transferable record, if the transferable record is created,
stored and assigned in such a manner that:
(a) A single authoritative copy of the transferable record exists
which is unique, identifiable, and, except as otherwise provided in
paragraphs (d), (e) and (f), unalterable;
(b) The authoritative copy identifies the person asserting control
as:
(1) The person to whom the transferable record was issued; or
(2) If the authoritative copy indicates that the
transferable record has been transferred, the person to whom the
transferable record was most recently transferred;
(c) The authoritative copy is communicated to and maintained by the
person asserting control or its designated custodian;
(d) Copies or revisions that add or change an identified assignee
of the authoritative copy can be made only with the consent of the person
asserting control;
(e) Each copy of the authoritative copy and any copy of a copy is
readily identifiable as a copy that is not the authoritative copy; and
(f) Any revision of the authoritative copy is readily identifiable
as authorized or unauthorized.
4. Except as otherwise agreed, a person having control of a
transferable record is the holder, as defined in paragraph (u) of
subsection 2 of NRS 104.1201 , of the
transferable record and has the same rights and defenses as a holder of
an equivalent record or writing under the Uniform Commercial Code,
including, if the applicable statutory requirements under NRS 104.7501
, 104.9308 or subsection 1 of NRS 104.3302 are satisfied, the rights and defenses of a
holder to whom a negotiable document of title has been duly negotiated, a
purchaser, or a holder in due course, respectively. Delivery, possession
and endorsement are not required to obtain or exercise any of the rights
under this subsection.
5. Except as otherwise agreed, an obligor under a transferable
record has the same rights and defenses as an equivalent obligor under
equivalent records or writings under the Uniform Commercial Code.
6. If requested by a person against whom enforcement is sought,
the person seeking to enforce the transferable record shall provide
reasonable proof that he is in control of the transferable record. Proof
may include access to the authoritative copy of the transferable record
and related business records sufficient to review the terms of the
transferable record and to establish the identity of the person having
control of the transferable record.
(Added to NRS by 2001, 2720 ; A 2005, 886 )
Each
governmental agency of this State shall determine whether, and the extent
to which, it will create and retain electronic records and convert
written records to electronic records.
(Added to NRS by 2001, 2721 )
1. Except as otherwise provided in subsection 6 of NRS 719.290
, each governmental agency of this state
shall determine whether, and the extent to which, it will send and accept
electronic records and electronic signatures to and from other persons
and otherwise create, generate, communicate, store, process, use and rely
upon electronic records and electronic signatures.
2. To the extent that a governmental agency uses electronic
records and electronic signatures under subsection 1, the governmental
agency, giving due consideration to security, may specify:
(a) The manner and format in which the electronic records must be
created, generated, sent, communicated, received and stored and the
systems established for those purposes;
(b) If electronic records must be signed by electronic means, the
type of electronic signature required, the manner and format in which the
electronic signature must be affixed to the electronic record, and the
identity of, or criteria that must be met by, any third party used by a
person filing a document to facilitate the process;
(c) Processes and procedures as appropriate to ensure adequate
preservation, disposition, integrity, security, confidentiality and
auditability of electronic records; and
(d) Any other required attributes for electronic records which are
specified for corresponding nonelectronic records or reasonably necessary
under the circumstances.
3. Except as otherwise provided in subsection 6 of NRS 719.290
, the provisions of this chapter do not
require a governmental agency of this state to use or permit the use of
electronic records or electronic signatures.
(Added to NRS by 2001, 2721 )
