Illinois Compiled Statutes 5 ILCS 175 Electronic Commerce Security Act. Section 5-115

    (5 ILCS 175/5-115)

    Sec. 5-115. Electronic records.

    (a) Where a rule of law requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record satisfies that rule of law.

    (b) The provisions of this Section shall not apply:

        (1) when its application would involve a construction

    of a rule of law that is clearly inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same rule of law, provided that the mere requirement that information be "in writing", "written", or "printed" shall not by itself be sufficient to establish such intent;

        (2) to any rule of law governing the creation or

    execution of a will or trust, living will, or healthcare power of attorney; and

        (3) to any record that serves as a unique and

    transferable instrument of rights and obligations including, without limitation, negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored, and transferred in a manner that allows for the existence of only one unique, identifiable, and unalterable original with the functional attributes of an equivalent physical instrument, that can be possessed by only one person, and which cannot be copied except in a form that is readily identifiable as a copy.

(Source: P.A. 90-759, eff. 7-1-99.)

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Last modified: February 18, 2015