§ 1014.3. Document form, signature and delivery
Oklahoma Statutes AnnotatedTitle 18. CorporationsEffective: November 1, 2021
Effective: November 1, 2021
18 Okl.St.Ann. § 1014.3
§ 1014.3. Document form, signature and delivery
DOCUMENT FORM, SIGNATURE AND DELIVERY
1. Any act or transaction contemplated or governed by this title or the certificate of incorporation or bylaws may be provided for in a document, and an electronic transmission shall be deemed the equivalent of a written document. “Document” means (i) any tangible medium on which information is inscribed, and includes handwritten, typed, printed or similar instruments, and copies of such instruments and (ii) an electronic transmission;
2. Whenever this act or the certificate of incorporation or bylaws requires or permits a signature, the signature may be a manual, facsimile, conformed or electronic signature. “Electronic signature” means an electronic symbol or process that is attached to, or logically associated with, a document and executed or adopted by a person with an intent to authenticate or adopt the document; and
3. Unless otherwise agreed between the sender and recipient, an electronic transmission shall be deemed delivered to a person for purposes of this title and the certificate of incorporation and bylaws when it enters an information processing system that the person has designated for the purpose of receiving electronic transmissions of the type delivered, so long as the electronic transmission is in a form capable of being processed by that system and such person is able to retrieve the electronic transmission. Whether a person has so designated an information processing system is determined by the certificate of incorporation, the bylaws or from the context and surrounding circumstances including the parties' conduct. An electronic transmission is delivered under this section even if no person is aware of its receipt. Receipt of an electronic acknowledgement from an information processing system establishes that an electronic transmission was received but, by itself, does not establish that the content sent corresponds to the content received.
This act shall not prohibit one or more persons from conducting a transaction in accordance with the Uniform Electronic Transaction Act1 so long as the part or parts of the transaction that are governed by this act are documented, signed and delivered in accordance with this subsection or otherwise in accordance with this act. This subsection shall apply solely for purposes of determining whether an act or transaction has been documented, and the document has been signed and delivered, in accordance with this act, the certificate of incorporation and the bylaws.
The provisions of this subsection shall not create any presumption about the lawful means to document a matter addressed by this subsection, or the lawful means to sign or deliver a document addressed by this subsection. A provision of the certificate of incorporation or bylaws shall not limit the application of subsection A of this section unless the provision expressly restricts one or more of the means of documenting an act or transaction, or of signing or delivering a document, permitted by subsection A of this section.
Credits
Laws 2021, c. 51, § 2, eff. Nov. 1, 2021.
Footnotes
Title 12A, § 15-101 et seq.
18 Okl. St. Ann. § 1014.3, OK ST T. 18 § 1014.3
Current with emergency effective legislation through Chapter 182 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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