§ 874.323.Supersedes the Electronic Signatures In Global and National Commerce Act; Exceptions
Title 10.5. Partition of Real and Personal Property · Chapter 10. Partition of Real Property Act · Enacted 2021 · no amendments on record · Last verified July 28, 2026
Full Text of § 874.323
Plain-English Summary
This closing section is boilerplate required whenever a state law lets electronic records substitute for paper ones, which this chapter does through its broad definition of "record" in § 874.312. Federal law — the Electronic Signatures in Global and National Commerce Act — generally preempts state rules touching electronic records unless the state law fits within specific statutory exceptions.
Section 874.323 is what fits this chapter within those exceptions: it modifies, limits, and supersedes the federal act as applied here, but it doesn't disturb Section 101(c) of that act, which protects consumers' right to consent to electronic records, and it doesn't authorize delivering electronically any of the notices that Section 103(b) says still have to be delivered another way.
Frequently Asked Questions
Why does this chapter address a federal electronic-signature law?
Because § 874.312 defines "record" to include electronic records, and federal law generally preempts state electronic-record rules unless they fit within the federal act's own exceptions; § 874.323 is the provision that fits this chapter within those exceptions.
Does this section let notices be delivered electronically without limit?
No, § 874.323 preserves the federal act's bar on electronic delivery of certain required notices under 15 U.S.C. § 7003(b).
Amendment History
Added by Stats 2021 ch 119 (AB 633),s 2, eff. 1/1/2022.