New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 12 - INFORMATION TECHNOLOGY
Part 7 - DIGITAL / ELECTRONIC SIGNATURE
Section 1.12.7.12 - TRANSACTION-BASED NEED FOR A SIGNATURE

Universal Citation: 1 NM Admin Code 1.12.7.12

Current through Register Vol. 35, No. 6, March 26, 2024

If there is no legal requirement for a signature on a particular type of transaction a state agency may undertake a further analysis to evaluate the desirability of incorporating a signature requirement into the transaction. An electronic signature may be desirable, even when not legally required, where there is a:

A. Need for emphasizing the seriousness of the transaction. A signature may serve to reinforce the significance of the undertaking to the party involved. It gives the transaction a more formal tone, and helps to drive home to the signing party the seriousness of what is being undertaken.

B. Need for binding a party to the transaction. If the transaction involves an intent element (e.g., agreement, approval, acknowledgment, receipt, witnessing, etc.), a signature may be useful to help formally bind a person to that reason for signing and make it more likely to be enforced (e.g., to mitigate concerns regarding repudiation).

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