§ 53-12-1 Definition of terms
§ 53-12-2 Transactions governed by chapter
§ 53-12-3 Transactions not governed by chapter
§ 53-12-4 Transactions excluded under § 53-12-3 that may be governed by chapter
§ 53-12-5 Transactions subject to chapter also subject to other applicable law
§ 53-12-6 Application of chapter
§ 53-12-7 Electronic record or signature not mandated
§ 53-12-8 Application solely to transactions between parties agreeing to electronic transaction
§ 53-12-9 Party agreeing to one electronic transaction may refuse others–Right not waivable
§ 53-12-10 Provisions of chapter may be varied by agreement except as otherwise provided
§ 53-12-11 Determination of legal consequences of electronic records or signatures
§ 53-12-12 Construction of chapter
§ 53-12-13 Electronic form of record or signature not grounds for denying its legal effect
§ 53-12-14 Electronic record used in contract formation not grounds for denying contract
§ 53-12-15 Electronic record satisfies requirement of a writing
§ 53-12-16 Electronic signature satisfies requirement of a signature
§ 53-12-17 Requirement of writing satisfied by sending of electronic record
§ 53-12-18 Requirement that record be posted, transmitted or formatted in certain manner
§ 53-12-19 Electronic record not enforceable against recipient in certain situations
§ 53-12-20 Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement–Exceptions
§ 53-12-21 Attributing electronic signature or record to person
§ 53-12-22 Effect of electronic record or signature to be determined from context
§ 53-12-23 Effect of change or error in electronic record
§ 53-12-24 Notarization of electronic signature
§ 53-12-25 Satisfying requirement that record be retained
§ 53-12-26 Requirement that record be retained does not apply to certain information
§ 53-12-27 Services of another person for retention of records authorized
§ 53-12-28 Retention of record in its original form
§ 53-12-29 Retention of check
§ 53-12-30 Retention of record for evidentiary, audit, or like purposes
§ 53-12-31 Electronic form of record or signature not grounds for exclusion
§ 53-12-32 Formation and terms of contract in automated transaction
§ 53-12-33 Time that electronic record is sent
§ 53-12-34 Time that electronic record is received
§ 53-12-35 Location of information processing system irrelevant
§ 53-12-36 Place that electronic record is sent from and received
§ 53-12-37 Individual need not be aware of receipt
§ 53-12-38 Effect of electronic acknowledgment
§ 53-12-39 Effect of actual knowledge that electronic record purportedly sent or received was notsent or received
§ 53-12-40 “Transferable record” defined
§ 53-12-41 Person having control of transferable record
§ 53-12-42 Requirements for creation, storage, and assignment of transferable record–Authoritative copy
§ 53-12-43 Person having control of transferable record is holder with same rights and defensesas holder of equivalent record
§ 53-12-44 Obligor under transferable record has same rights and defenses as obligor underequivalent records
§ 53-12-45 Proof of control of transferable record
§ 53-12-46 Government agencies to determine extent to which electronic records will be createdand retained
§ 53-12-47 Commissioner to promulgate rules for state agencies using electronic records andsignatures
§ 53-12-48 Board of Regents to determine extent to which electronic records and signatures willbe used
§ 53-12-49 Use of electronic records or signatures by government agencies not mandated
§ 53-12-50 Commissioner authorized to promote consistency and interoperability
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Terms Used In South Dakota Codified Laws > Title 53 > Chapter 12 - Electronic Transactions

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probate: Proving a will
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2