Uniform Electronic Transactions Act
New Mexico · Records, Rules, Legal Notices, Oaths · §§ 14-16-1 to 14-16-9 · 21 sections
Overview
The Uniform Electronic Transactions Act governs the use of electronic records and electronic signatures in transactions, including transactions involving governmental agencies. Its core rule is that a record, signature, or contract may not be denied legal effect or enforceability solely because it is electronic, and it applies only where the parties have agreed to conduct the transaction by electronic means, with most of its provisions subject to variation by agreement. Around that rule it supplies the operating mechanics: how an electronic record or signature is attributed to a person, how changes and errors are resolved, when electronic form satisfies requirements for writing, notarization, retention of originals, and admissibility in evidence, how contracts formed by automated electronic agents are treated, when a record counts as sent and received, transferable records, and how governmental agencies create, convert, accept, and distribute electronic records.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 237 WVA 181 - Brent D. Benjamin v. Elizabeth D. Walker
Sections covered
- § 14-16-1 NMSA 1978Short title1 cite
- § 14-16-10 NMSA 1978Effect of change or error
- § 14-16-11 NMSA 1978Notarization and acknowledgment
- § 14-16-12 NMSA 1978Retention of electronic records; originals
- § 14-16-13 NMSA 1978Admissibility in evidence
- § 14-16-14 NMSA 1978Automated transaction
- § 14-16-15 NMSA 1978Time and place of sending and receipt
- § 14-16-16 NMSA 1978Transferable records
- § 14-16-17 NMSA 1978Creation and retention of electronic records and conversion of written records by governmental agencies
- § 14-16-18 NMSA 1978Acceptance and distribution of electronic records by governmental agencies
- § 14-16-19 NMSA 1978Interoperability
- § 14-16-2 NMSA 1978Definitions
- § 14-16-20 NMSA 1978Electronic certifications, permits, registrations and licenses
- § 14-16-21 NMSA 1978Electronic certifications, permits, registrations and licenses
- § 14-16-3 NMSA 1978Scope
- § 14-16-4 NMSA 1978Prospective application
- § 14-16-5 NMSA 1978Use of electronic records and electronic signatures; variation by agreement
- § 14-16-6 NMSA 1978Construction and application
- § 14-16-7 NMSA 1978Legal recognition of electronic records, electronic signatures and electronic contracts1 cite
- § 14-16-8 NMSA 1978Provision of information in writing; presentation of records
- § 14-16-9 NMSA 1978Attribution and effect of electronic record and electronic signature
Enacted in other states
Alaska, Alabama, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Iowa, Illinois, Indiana, Louisiana, Maryland, Maine, Minnesota, Mississippi, Montana, North Carolina, New Hampshire, New Jersey, Nevada, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Vermont, Wyoming
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