(a) 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 which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under Subsection (a) 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.
History: Laws 2001, ch. 131, ยง 9.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 16 - Uniform Electronic Transactions
Section 14-16-1 - Short title.
Section 14-16-2 - Definitions.
Section 14-16-4 - Prospective application.
Section 14-16-5 - Use of electronic records and electronic signatures; variation by agreement.
Section 14-16-6 - Construction and application.
Section 14-16-8 - Provision of information in writing; presentation of records.
Section 14-16-9 - Attribution and effect of electronic record and electronic signature.
Section 14-16-10 - Effect of change or error.
Section 14-16-11 - Notarization and acknowledgment.
Section 14-16-12 - Retention of electronic records; originals.
Section 14-16-13 - Admissibility in evidence.
Section 14-16-14 - Automated transaction.
Section 14-16-15 - Time and place of sending and receipt.
Section 14-16-16 - Transferable records.
Section 14-16-18 - Acceptance and distribution of electronic records by governmental agencies.
Section 14-16-19 - Interoperability.
Section 14-16-20 - Electronic certifications, permits, registrations and licenses.
Section 14-16-21 - Electronic certifications, permits, registrations and licenses.