Chapter 55, Article 1 NMSA 1978 modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits or supersedes Section 7001(c) of that act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that act.

History: Laws 2005, ch. 144, § 8.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

Source. — New.

1. The federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq became effective in 2000. Section 102(a) of that Act provides that a State statute may modify, limit, or supersede the provisions of section 101 of that Act with respect to state law if such statute, inter alia, specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, and (i) such alternative procedures or requirements are consistent with Titles I and II of that Act, (ii) such alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and (iii) if enacted or adopted after the date of the enactment of that Act, makes specific reference to that Act. Article 1 fulfills the first two of those three criteria; this Section fulfills the third criterion listed above.

2. As stated in this section, however, Article 1 does not modify, limit, or supersede Section 101(c) of the Electronic Signatures in Global and National Commerce Act (requiring affirmative consent from a consumer to electronic delivery of transactional disclosures that are required by state law to be in writing); nor does it authorize electronic delivery of any of the notices described in Section 103(b) of that Act.

Definitional cross references. — "Person". Section 1-201.

Repeals and reenactments. — Laws 2005, ch. 144, § 8, effective January 1, 2006, repealed former 55-1-108 NMSA 1978, relating to severability, as enacted by Laws 1961, ch. 96, § 1-108, and enacted a new 55-1-108 NMSA 1978. The substance of former 55-1-108 NMSA 1978 has been enacted as a new 55-1-105 NMSA 1978 by Laws 2005, ch. 144, § 5. For provisions of former 55-1-108 NMSA 1978, see the 2004 NMSA 1978 on NMOneSource.com.

Cross references. — For the Electronic Authentication of Documents Act, see Chapter 14, Article 15 NMSA 1978.

For the Uniform Electronic Transactions Act, see Chapter 14, Article 15 NMSA 1978.

Federal Electronic Signatures in Global and National Commerce Act. — The federal Electronic Signatures in Global and National Commerce Act is codified, generally, as 15 U.S.C.S. § 7001 et seq. Section 102 of the act is codified as 15 U.S.C.S. § 7002.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 11 Am. Jur. 2d Bills and Notes § 51; 15A Am. Jur. 2d Commercial Code § 30.

82 C.J.S. Statutes § 92.