§ 9-16-11 — Retention of electronic records - Originals

North Dakota § 9-16-11

• Jurisdiction: North Dakota
• Title 9: Contracts and Obligations
• Ch. 9-16: Electronic Transactions

Text

1. If a law requires that a record be retained, the requirement is satisfied by retaining an
electronic record of the information in the record which:
a. Accurately reflects the information set forth in the record after it was first
generated in its final form as an electronic record or otherwise; and
b. Remains accessible for later reference.
2. A requirement to retain a record in accordance with subsection 1 does not apply to any
information the sole purpose of which is to enable the record to be sent,
communicated, or received.
3. A person may satisfy subsection 1 by using the services of another person if the
requirements of that subsection are satisfied.
4. If a law requires a record to be presented or retained in the record's original form, or
provides consequences if the record is not presented or retained in the record's
original form, that law is satisfied by an electronic record retained in accordance with
subsection 1.
5. If a law requires retention of a check, that requirement is satisfied by retention of an
electronic record of the information on the front and back of the check in accordance
with subsection 1.
6. A record retained as an electronic record in accordance with subsection 1 satisfies a
law requiring a person to retain a record for evidentiary, audit, or like purposes, unless
a law enacted after July 31, 2001, specifically prohibits the use of an electronic record
for the specified purpose.
7. This section does not preclude a governmental agency of this state from specifying
additional requirements for the retention of a record subject to the agency's
jurisdiction.