US Laws, Codes, Statutes & Cases

14-16-3. Scope.

(a)     Except as otherwise provided in Subsection (b), the Uniform Electronic Transactions Act [ 14-16-1 to 14-16-19 NMSA 1978] applies to electronic records and electronic signatures relating to a transaction.   

(b)     The Uniform Electronic Transactions Act [ 14-16-1 to 14-16-19 NMSA 1978] does not apply to:   

(1)     a transaction to the extent it is governed by:   

(i) a law governing the creation and execution of wills, codicils or testamentary trusts;   

(ii) the Uniform Commercial Code [Chapter 55 NMSA 1978], other than Sections 55-1-107 and 55-1-206 NMSA 1978 and Chapter 55, Articles 2 and 2A NMSA 1978;   

(iii) the Uniform Anatomical Gift Act [Chapter 24, Article 6A NMSA 1978];   

(iv) the Uniform Health-Care Decisions Act [ 24-7A-1 to 24-7A-17 NMSA 1978]; or   

(v) a statute, regulation or other rule of law that governs adoption, divorce or other family law matters;   

(2)     a notice concerning:   

(i) the cancellation or termination of utility services, including water, heat or power services;   

(ii) default, acceleration, repossession, foreclosure, eviction or the right to cure, under a credit agreement secured by or a rental agreement for a primary residence of an individual; or   

(iii) the cancellation or termination of health insurance benefits or life insurance benefits, but not including annuities.   

(c)     The Uniform Electronic Transactions Act [ 14-16-1 to 14-16-19 NMSA 1978] applies to an electronic record or electronic signature otherwise excluded from the application of that act under Subsection (b) to the extent it is governed by a law other than those specified in Subsection (b).   

(d)     A transaction subject to the Uniform Electronic Transactions Act is also subject to other applicable substantive law.