North Carolina General Statutes 66-313. Scope
(a) Except as otherwise provided in subsections (b), (c), and (e) of this section, this Article applies to electronic records and electronic signatures relating to a transaction.
(b) This Article 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.
Terms Used In North Carolina General Statutes 66-313
- 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. See North Carolina General Statutes 66-312
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See North Carolina General Statutes 66-312
- Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See North Carolina General Statutes 66-312
- 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. See North Carolina General Statutes 66-312
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of consumer, business, commercial, or governmental affairs. See North Carolina General Statutes 66-312
(2) Chapter 25 of the N.C. Gen. Stat. other than N.C. Gen. Stat. § 25-1-306, Article 2, and Article 2A.
(3) Article 11A of Chapter 66 of the N.C. Gen. Stat..
(c) This Article applies to an electronic record or electronic signature otherwise excluded from the application of this Article under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.
(d) A transaction subject to this Article is also subject to other applicable substantive law.
(e) This Article shall not apply to:
(1) Any notice of the cancellation or termination of utility services, including water, heat, and power.
(2) Any notice of 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 an individual.
(3) Any notice of the cancellation or termination of health insurance or benefits, or life insurance or benefits, excluding annuities.
(4) Any notice of the recall of a product, or material failure of a product that risks endangering health or safety.
(5) Any document required to accompany the transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (2000-152, s. 1; 2001-295, s. 2; 2006-112, s. 23.)