(a) Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is satisfied by a digital signature, if:
(1)(i) the digital signature is that of a public or local official as defined in section 10A.01, subdivisions 22 and 35, on government records described in section 15.17; or
(ii) no party affected by a digital signature objects to the use of digital signatures in lieu of a signature, and the objection may be evidenced by refusal to provide or accept a digital signature;
(2) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;
(3) that digital signature was affixed by the signer with the intention of signing the message and after the signer has had an opportunity to review items being signed; and
(4) the recipient has no knowledge or notice that the signer either:
(i) breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix the digital signature.
(b) However, nothing in this chapter precludes a mark from being valid as a signature under other applicable law.
History: 1997 c 178 s 20; 2000 c 395 s 20
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