N.M. Admin. Code § 1.12.7.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.12.7.8 - GENERAL OVERVIEW

A.A signature, whether electronic or on paper, is the means by which a person indicates an intent to associate oneself with a document in a manner that has legal significance (e.g., to adopt or approve a specific statement regarding, or reason for signing, a document). It constitutes legally-binding evidence of the signer's intention with regard to a document. The reasons for signing a document will vary with the transaction, and in most cases can be determined only by examining the context in which the signature was made. Generally, a person's reason for signing a document falls into one of the following categories:

(1) approving, assenting to, or agreeing to the information in the document or record signed (e.g., agreeing to the terms of a contract or inter-agency memorandum or indicating approval for legal sufficiency);

(2) certifying or affirming the accuracy of the information stated in the document or record signed (e.g., certifying that the statements in one's tax return are true and correct);

(3) acknowledging access to or receipt of information set forth in the document or record signed (e.g., acknowledging receipt of a disclosure document);

(4) witnessing the signature or other act of another (e.g., notarization); or

(5) certifying the source of the information in the document or record signed (e.g., certifying data in a clinical trial record, certifying an inventory count, etc.).

B.The Uniform Electronic Transaction Act sets forth the requirements that must be satisfied by an electronic signature to establish functional equivalence to the paper-based requirement for a signature.

N.M. Admin. Code § 1.12.7.8

Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015