53-12-512. Application.

1. (a)

   This Code section shall apply to all records and signatures relating to trusts, except a writing and signature creating or declaring an express trust under Code Section 53-12-20, including, but not limited to:#

   1. (1)

      Exercises, delegations, determinations, releases, waivers, renunciations, disclaimers, and all other actions related to powers and rights granted under this chapter or a trust instrument;#

   2. (2)

      Notices and records required to be provided or sent by this chapter or the provisions of a trust instrument, including, but not limited to, notices under Code Section 53-12-242, reports and accounts under Code Section 53-12-243, and accountings under Article 12 of this chapter;#

   3. (3)

      Binding nonjudicial settlement agreements under Code Section 53-12-9 or other applicable law, including agreements that modify a trust instrument;#

   4. (4)

      Notices of a trustee’s decision to exercise the power to distribute income or principal of a trust under Code Section 53-12-62 or other applicable law;#

   5. (5)

      Consents to actions by and the release from liability of a trustee or trust director;#

   6. (6)

      Reports described in Code Section 53-12-307; and#

   7. (7)

      Certifications of a trust under Code Section 53-12-280.#

2. (b)

   This Code section shall be construed and applied to facilitate electronic records and electronic signatures consistent with other law and to be consistent with reasonable practices concerning electronic records and electronic signatures and continued expansion of those practices.#

3. (c)

   This Code section shall not invalidate an electronic record or electronic signature that is valid under other applicable law.#

4. (d)

   1. (1)

      A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form.#

   2. (2)

      If other laws of this state or a trust instrument require a record to be in writing, an electronic record satisfies the requirement.#

   3. (3)

      If other laws of this state or a trust instrument require a signature to be in writing, an electronic signature satisfies the requirement.#

5. (e)

   1. (1)

      An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including, but not limited to, showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable.#

   2. (2)

      The effect of attribution to a person under paragraph (1) of this subsection of a record or signature shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law.#

6. (f)

   If other laws of this state or a trust instrument require a record or signature to be acknowledged or notarized, the requirement shall be satisfied if the signature of the individual performing the acknowledgement or notarization, together with all other information required to be included under other laws of this state or the trust instrument, is attached to or logically associated with the electronic record or electronic signature.#

7. (g)

   A person may create a certified paper copy of an electronic record by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the record.#

8. (h)

   If other laws of this state or a trust instrument require a record to be retained, transmitted, copied, or filed:#

   1. (1)

      The requirement shall be satisfied by retaining, transmitting, copying, or filing an electronic record that:#

      1. (A)

         Accurately reflects the information in the record after it was first generated in final form as an electronic record or as a certified paper copy under this Code section; and#

      2. (B)

         Remains accessible to the extent required by the other laws of this state or a trust instrument;#

   2. (2)

      The requirement to retain a record shall not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received;#

   3. (3)

      A person may satisfy paragraph (1) of this subsection by using the services of another person;#

   4. (4)

      A requirement that a record be presented or retained in its original form shall be satisfied by an electronic record retained in accordance with this subsection; and#

   5. (5)

      This subsection shall not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency’s jurisdiction in addition to those in this subsection.#

9. (i)

   Evidence relating to a record or a signature may not be excluded in a judicial proceeding solely because it is in electronic form.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.