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59-19 Application and Electronic Records and Signatures

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CHAPTER 59-19APPLICATION AND ELECTRONIC RECORDS AND SIGNATURES59-19-01.(1102) Electronic records and signatures.The provisions of chapters59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19 governing the<br>legal effect, validity, or enforceability of electronic records or electronic signatures, and of<br>contracts formed or performed with the use of such records or signatures, conform to the<br>requirements of section 102 of the Electronic Signatures in Global and National Commerce Act<br>[15 U.S.C. 7002] and supersede, modify, and limit the requirements of the Electronic Signatures<br>in Global and National Commerce Act.59-19-02. (1106) Application to existing relationships.1.Except as otherwise provided in chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,<br>59-15, 59-16, 59-17, 59-18, and 59-19, effective August 1, 2007, these chapters:a.Apply to all trusts created after July 31, 2007; andb.Apply to all judicial proceedings concerning trusts which are commenced after<br>July 31, 2007.2.Except as otherwise provided in chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,<br>59-15, 59-16, 59-17, 59-18, and 59-19, from August 1, 2007, through July 31, 2009:a.A trust created before August 1, 2007, may elect to be subject to chapters<br>59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and<br>59-19; however, that trust must be in compliance with those chapters by<br>August 1, 2009;b.Any rule of construction or presumption provided in chapters 59-09, 59-10,<br>59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19 applies to<br>trust instruments executed before August 1, 2009, unless there is a clear<br>indication of a contrary intent in the terms of the trust;c.Chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18,<br>and 59-19 do not apply to judicial proceedings concerning trusts which are<br>commenced before that date unless the court finds that application of a<br>particular provision of these chapters would not substantially interfere with the<br>effective conduct of the judicial proceedings or prejudice the rights of the<br>parties, in which case the particular provision of these chapters applies and the<br>superseded law does not apply; andd.An act done before August 1, 2009, is not affected by chapters 59-09, 59-10,<br>59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19.3.If a right is acquired, extinguished, or barred upon the expiration of a prescribed<br>period that has commenced to run under any other statute before August 1, 2007,<br>for those trusts that are subject to subsection 1, or before August 1, 2009, for those<br>trusts that are subject to subsection 2, that statute continues to apply to the right<br>even if it has been repealed or superseded.Page No. 1Document Outlinechapter 59-19 application and electronic records and signatures