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Post by NRS GUIDELINES on Jul 9, 2023 11:59:45 GMT -8
NRS 719.140 “Person” defined. “Person” includes a governmental agency and a public corporation.
(Added to NRS by 2001, 2715)
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Post by NRS GUIDELINES on Jul 9, 2023 12:00:10 GMT -8
NRS 719.145 “Public blockchain” defined. “Public blockchain” means an electronic record of transactions or other data which:
1. Is uniformly ordered;
2. Is processed using a decentralized method by which two or more unaffiliated computers or machines verify the recorded transactions or other data;
3. Is redundantly maintained by two or more unaffiliated computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data;
4. Is validated by the use of cryptography; and
5. Does not restrict the ability of any computer or machine to:
(a) View the network on which the record is maintained; or
(b) Maintain or validate the state of the public blockchain.
(Added to NRS by 2019, 2818, 2825)
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Post by NRS GUIDELINES on Jul 9, 2023 12:00:28 GMT -8
NRS 719.150 “Record” defined. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2001, 2715)
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Post by NRS GUIDELINES on Jul 9, 2023 12:00:47 GMT -8
NRS 719.160 “Security procedure” defined. “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback, or other acknowledgment procedures.
(Added to NRS by 2001, 2715)
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Post by NRS GUIDELINES on Jul 9, 2023 12:01:07 GMT -8
NRS 719.170 “State” defined. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
(Added to NRS by 2001, 2715)
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Post by NRS GUIDELINES on Jul 9, 2023 12:01:26 GMT -8
NRS 719.175 “State of the public blockchain” defined. “State of the public blockchain” means the cumulative record of data on a public blockchain, consisting of the first block of the public blockchain, all finalized transactions on the public blockchain and all block rewards recorded on the public blockchain.
(Added to NRS by 2019, 2818, 2826)
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Post by NRS GUIDELINES on Jul 9, 2023 12:01:45 GMT -8
NRS 719.180 “Transaction” defined. “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs.
(Added to NRS by 2001, 2715)
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Post by NRS GUIDELINES on Jul 9, 2023 12:02:04 GMT -8
NRS 719.185 “Unaffiliated computers or machines” defined. “Unaffiliated computers or machines” means computers or machines that are not under common ownership or control.
(Added to NRS by 2019, 2818, 2826)
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Post by NRS GUIDELINES on Jul 9, 2023 12:02:26 GMT -8
NRS 719.200 Scope.
1. Except as otherwise provided in subsection 2, the provisions of this chapter apply to electronic records and electronic signatures relating to a transaction.
2. The provisions of this chapter do not apply to a transaction to the extent it is governed by:
(a) Except as otherwise specifically provided by law, a law governing the creation and execution of wills, codicils or testamentary trusts;
(b) The Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive; or
(c) The provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.
3. The provisions of this chapter apply 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 the provisions of this chapter is also subject to other applicable substantive law.
(Added to NRS by 2001, 2715; A 2005, 885; 2011, 1765; 2017, 3457)
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Post by NRS GUIDELINES on Jul 9, 2023 12:02:47 GMT -8
NRS 719.210 Prospective application; application of Electronic Signatures in Global and National Commerce Act.
1. The provisions of this chapter apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after October 1, 2001.
2. The provisions of section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., apply under this chapter to a transaction in which a natural person acquires goods or services that are used primarily for personal, family or household purposes.
(Added to NRS by 2001, 2716)
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Post by NRS GUIDELINES on Jul 9, 2023 12:03:18 GMT -8
NRS 719.220 Use of electronic records and electronic signatures; variation by agreement.
1. The provisions of this chapter do not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
2. The provisions of this chapter apply only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
3. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
4. Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed” or words of similar import does not imply that the effect of other provisions may not be varied by agreement.
5. Whether an electronic record or electronic signature has legal consequences is determined by the provisions of this chapter and other applicable law.
(Added to NRS by 2001, 2716)
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Post by NRS GUIDELINES on Jul 9, 2023 12:03:42 GMT -8
NRS 719.230 Application and construction: Promotion of uniformity. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added to NRS by 2001, 2721)
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Post by NRS GUIDELINES on Jul 9, 2023 12:04:07 GMT -8
NRS 719.240 Legal recognition of electronic records, electronic signatures and electronic contracts.
1. A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
2. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
3. If a law requires a record to be in writing, an electronic record satisfies the law.
4. If a law requires a signature, an electronic signature satisfies the law.
(Added to NRS by 2001, 2716)
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Post by NRS GUIDELINES on Jul 9, 2023 12:04:28 GMT -8
NRS 719.245 Use of public blockchain to secure information does not affect right to ownership or use of information; exception.
1. A person who uses a public blockchain to secure information that the person owns or has the right to use does not thereby relinquish any right of ownership or use with respect to the information, except to the extent that an agreement of the person expressly provides for the transfer of such a right.
2. Nothing contained in subsection 1 shall be deemed to affect the status of, or any right or obligation established by law with respect to, any document that is:
(a) Filed with or otherwise submitted to a governmental agency or official, including, without limitation, any document that is submitted for recording in the office of a county recorder; or
(b) A public record for the purposes of NRS 239.010.
(Added to NRS by 2019, 2818)
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Post by NRS GUIDELINES on Jul 9, 2023 12:05:07 GMT -8
NRS 719.250 Provision of information in writing; presentation of records.
1. If parties have agreed to conduct a transaction by electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.
2. If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated or transmitted by a specified method or to contain information that is formatted in a certain manner, the following rules apply:
(a) The record must be posted or displayed in the manner specified in the other law.
(b) Except as otherwise provided in paragraph (b) of subsection 6, the record must be sent, communicated or transmitted by the method specified in the other law.
(c) The record must contain the information formatted in the manner specified in the other law.
3. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
4. A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:
(a) The cancellation or termination of service by a public utility;
(b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person;
(c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy of life insurance, excluding annuities; or
(d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.
5. A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
6. The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction may also be varied by agreement; and
(b) A requirement under a law other than this chapter to send, communicate or transmit a record by first-class mail, postage prepaid, regular United States mail, may be varied by agreement to the extent permitted by the other law.
(Added to NRS by 2001, 2716)
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