Okla. Stat. tit. 18, § 18-2058.1
This is the official text of Okla. Stat. tit. 18, § 18-2058.1, part of Oklahoma’s Stat. tit. 18, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 18,." Browse the sections below, each linked to its official government source.
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Document form, signature, and delivery
Official statutory text
DOCUMENT FORM, SIGNATURE, AND DELIVERY.
A. Except as provided in subsection B of this section, without
limiting the manner in which any act or transaction may be
documented, or the manner in which a document may be signed or
delivered:
1. Any act or transaction contemplated or governed by the
Oklahoma Limited Liability Company Act or an operating agreement may
be provided for in a document, and an electronic transmission is the
equivalent of a written document;
2. Whenever the Oklahoma Limited Liability Company Act or an
operating agreement 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 execute, authenticate, or
adopt the document. A person may execute a document with such
person’s signature;
Oklahoma Statutes - Title 18. Corporations Page 620
3. Unless otherwise provided in an operating agreement or
agreed upon between the sender and recipient, an electronic
transmission is delivered to a person for purposes of this title and
an operating agreement 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 operating agreement or from
the context and surrounding circumstances, including the party’s
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 section shall not prohibit one or more persons from
conducting a transaction in accordance with the Uniform Electronic
Transactions Act so long as the part or parts of the transaction
that are governed by the Oklahoma Limited Liability Company Act or
an operating agreement are documented, signed, and delivered in
accordance with this subsection or otherwise in accordance with this
section. 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 the
Oklahoma Limited Liability Company Act or an operating agreement.
B. Subsection A of this section shall not apply to a document
filed with or submitted to the Secretary of State, a county clerk,
or a court or other judicial or governmental body of this state.
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 an operating agreement 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.
C. If any provision of this section is deemed to modify, limit,
or supersede the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001 et. seq., the provisions of
this section shall control to the fullest extent permitted by
Section 7002(a)(2) of such act.
A. Except as provided in subsection B of this section, without
limiting the manner in which any act or transaction may be
documented, or the manner in which a document may be signed or
delivered:
1. Any act or transaction contemplated or governed by the
Oklahoma Limited Liability Company Act or an operating agreement may
be provided for in a document, and an electronic transmission is the
equivalent of a written document;
2. Whenever the Oklahoma Limited Liability Company Act or an
operating agreement 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 execute, authenticate, or
adopt the document. A person may execute a document with such
person’s signature;
Oklahoma Statutes - Title 18. Corporations Page 620
3. Unless otherwise provided in an operating agreement or
agreed upon between the sender and recipient, an electronic
transmission is delivered to a person for purposes of this title and
an operating agreement 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 operating agreement or from
the context and surrounding circumstances, including the party’s
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 section shall not prohibit one or more persons from
conducting a transaction in accordance with the Uniform Electronic
Transactions Act so long as the part or parts of the transaction
that are governed by the Oklahoma Limited Liability Company Act or
an operating agreement are documented, signed, and delivered in
accordance with this subsection or otherwise in accordance with this
section. 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 the
Oklahoma Limited Liability Company Act or an operating agreement.
B. Subsection A of this section shall not apply to a document
filed with or submitted to the Secretary of State, a county clerk,
or a court or other judicial or governmental body of this state.
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 an operating agreement 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.
C. If any provision of this section is deemed to modify, limit,
or supersede the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001 et. seq., the provisions of
this section shall control to the fullest extent permitted by
Section 7002(a)(2) of such act.
Status: in_force · Read it on the official government site
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