Section 351.1222

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 351

Effective - 28 Aug 2011   

  351.1222.  Records and signatures — definitions — legal effect of. — 1.  As used in this section, the following terms mean:

  (1)  "Electronic", relating to technology, having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

  (2)  "Electronic record", a record created, generated, sent, communicated, received, or stored by electronic means;

  (3)  "Electronic signature", an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

  (4)  "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

  (5)  "Signed", the signature of a person that has been written on a document, and with respect to a document required by sections 351.1000 to 351.1228 to be filed with the secretary of state, a document that has been signed by a person authorized to do so by sections 351.1000 to 351.1228, the articles, or bylaws, or by a resolution approved by the board or the members.  A signature on a document may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile, or electronically, or in any other manner reproduced on the document.

  2.  For purposes of sections 351.1000 to 351.1228:

  (1)  A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form;

  (2)  A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation;

  (3)  If a provision requires a record to be in writing, an electronic record satisfies the requirement; and

  (4)  If a provision requires a signature, an electronic signature satisfies the requirement.

­­--------

(L. 2011 S.B. 366)