South Dakota Codified Laws
Chapter 12 - Electronic Transactions
Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.

South Dakota Codified Laws

Title 53 - Contracts

Chapter 12 - Electronic Transactions

Section 53-12-1 - Definition of terms.

Section 53-12-2 - Transactions governed by chapter.

Section 53-12-3 - Transactions not governed by chapter.

Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.

Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.

Section 53-12-6 - Application of chapter.

Section 53-12-7 - Electronic record or signature not mandated.

Section 53-12-8 - Application solely to transactions between parties agreeing to electronic transaction.

Section 53-12-9 - Party agreeing to one electronic transaction may refuse others--Right not waivable.

Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.

Section 53-12-11 - Determination of legal consequences of electronic records or signatures.

Section 53-12-12 - Construction of chapter.

Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect.

Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract.

Section 53-12-15 - Electronic record satisfies requirement of a writing.

Section 53-12-16 - Electronic signature satisfies requirement of a signature.

Section 53-12-17 - Requirement of writing satisfied by sending of electronic record.

Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner.

Section 53-12-19 - Electronic record not enforceable against recipient in certain situations.

Section 53-12-20 - Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.

Section 53-12-21 - Attributing electronic signature or record to person.

Section 53-12-22 - Effect of electronic record or signature to be determined from context.

Section 53-12-23 - Effect of change or error in electronic record.

Section 53-12-24 - Notarization of electronic signature.

Section 53-12-25 - Satisfying requirement that record be retained.

Section 53-12-26 - Requirement that record be retained does not apply to certain information.

Section 53-12-27 - Services of another person for retention of records authorized.

Section 53-12-28 - Retention of record in its original form.

Section 53-12-29 - Retention of check.

Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes.

Section 53-12-31 - Electronic form of record or signature not grounds for exclusion.

Section 53-12-32 - Formation and terms of contract in automated transaction.

Section 53-12-33 - Time that electronic record is sent.

Section 53-12-34 - Time that electronic record is received.

Section 53-12-35 - Location of information processing system irrelevant.

Section 53-12-36 - Place that electronic record is sent from and received.

Section 53-12-37 - Individual need not be aware of receipt.

Section 53-12-38 - Effect of electronic acknowledgment.

Section 53-12-39 - Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.

Section 53-12-40 - "Transferable record" defined.

Section 53-12-41 - Person having control of transferable record.

Section 53-12-42 - Requirements for creation, storage, and assignment of transferable record--Authoritative copy.

Section 53-12-43 - Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.

Section 53-12-44 - Obligor under transferable record has same rights and defenses as obligor under equivalent records.

Section 53-12-45 - Proof of control of transferable record.

Section 53-12-46 - Government agencies to determine extent to which electronic records will be created and retained.

Section 53-12-47 - Commissioner to promulgate rules for state agencies using electronic records and signatures.

Section 53-12-48 - Board of Regents to determine extent to which electronic records and signatures will be used.

Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated.

Section 53-12-50 - Commissioner authorized to promote consistency and interoperability.