The terms used in this Listing Agreement, including but not limited to Electronic Signature, should be construed in accordance with
the Uniform Electronic Transaction Act as adopted by the State of Pennsylvania.
In 1999,
the Uniform Electronic Transaction Act [2](UETA) was introduced formally recognizing electronic records and signatures.
Because Illinois did not adopt
the Uniform Electronic Transaction Act, it is necessary to look to the terms of the Electronic Commerce Security Act [4] for local area guidance.
The American equivalent to the Uniform Act,
the Uniform Electronic Transactions Act, did not exclude land transfers.
Rocket Lawyer enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and
the Uniform Electronic Transactions Act (UETA) as adopted by individual states.
Every state except New York, Illinois, and Washington has adopted
the Uniform Electronic Transactions Act, and those three states have adopted their own electronic signature laws.
In Barwick v. Government Employee Insurance Co., Inc., 2011 Ark. 128 (March 31, 2011), the court properly held that the state's version of
the Uniform Electronic Transactions Act disposed of the question in the affirmative.
Laws pertaining to when you could use an eSignature were first introduced in 1999 under
the Uniform Electronic Transactions Act.
Under
the Uniform Electronic Transactions Act (adopted by 47 states), transactions may be conducted by electronic means, such that the act gives legal recognition to electronic signatures, records and contracts.
It relied on the Utah version of
the Uniform Electronic Transactions Act (UETA) to do so.
Yesterday, the Utah Supreme Court, interpreting Utah's version of
the Uniform Electronic Transactions Act (UETA) held that electronic «signatures» gathered through the website of an independent candidate for Utah state governor are valid to put the candidate's name on Utah's November ballot.
As of early 2000, two states — California and Pennsylvania --- had passed e-commerce bills based on the model legislation, called
the Uniform Electronic Transactions Act.
California has adopted a version of the new model
Uniform Electronic Transactions Act (UETA), and working groups are formulating similar legislation in other states.
Not exact matches
That said, it would seem prudent for a jurisdiction that adopted the
Uniform Wills Act to amend its
electronic commerce /
transactions statute about its applicability to wills, just to avoid this debate.
The
Uniform Wills Act provision quoted above would operate in most provinces in conjunction with an
electronic transaction statute based on the Uniform Electronic Com
electronic transaction statute based on the
Uniform Electronic Com
Electronic Commerce Act.
A couple of updates: In May 2011, the Northwest Territories adopted its
Electronic Transactions Act SNWT 2011 c. 13, so all three territories have the
Uniform Act, essentially, along with the common law provinces.
The
Uniform Law Conference's decision to exclude these land transfers reflected the same decision made in then - recent statutes in Australia (see for example the regulations under the
Electronic Transactions Act, 2000 of New South Wales) and Singapore (see s. 4 and Schedule 1 of the
Electronic Transactions Act.)
The ESIGN Act implements a national
uniform standard for all
electronic transactions that encourages the use of
electronic signatures,
electronic contracts and
electronic records by providing legal certainty for these instruments when signatories comply with its standards.
BC's
Electronic Transactions Act says — in the model of the Uniform Electronic Commerce Act — that where the law requires a signature, an electronic signature satisfies that re
Electronic Transactions Act says — in the model of the
Uniform Electronic Commerce Act — that where the law requires a signature, an electronic signature satisfies that re
Electronic Commerce Act — that where the law requires a signature, an
electronic signature satisfies that re
electronic signature satisfies that requirement.
We (the folks who wrote the
uniform law) considered the voice as a kind of biometric and saw no reason in principle to exclude them (though Australia's
electronic Transactions Act limited their use, as I recall)
At the 2011
Uniform Law Conference of Canada his paper «Real Estate
Transactions in the
Uniform Electronic Commerce Act» suggested the time had come to remove the real estate exclusion.