§ 46-4-103. Scope.

(1) Except as otherwise provided in Subsection (2), this chapter applies to electronic records and electronic signatures relating to a transaction.

(2) This chapter does not apply to:

(a) a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts;

(b) Title 70A, Uniform Commercial Code, other than:

(i) Section 70A-1a-306; and

(ii) Title 70A, Chapter 2, Uniform Commercial Code - Sales, and Title 70A, Chapter 2a, Uniform Commercial Code - Leases.

(3) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (2) to the extent it is governed by a law other than those specified in Subsection (2).

(4) A transaction subject to this chapter is also subject to other applicable substantive law.

(5) Nothing in this chapter requires any county recorder to accept for recording any instrument in electronic form.

Amended by Chapter 272, 2007 General Session