[AfriNIC-rpd] NomCom at AFRINIC-16

[Badru Ntege]

Thank you SM

I think the section below puts the legal issue to rest. We now need to look at the execution and application issues as regards to our user community.

4. Application of the Act

(1) Subject to subsections (2) and (3), this Act shall apply to electronic records and electronic signatures relating to a transaction or an automated transaction.

(2) Parts II and IV shall not apply to any enactment requiring writing or signatures in writing in -

(a)  the creation or execution of a will;

(b)  a negotiable instrument;

(c)  a power of attorney;

(d)  a contract for the sale or other disposition of immovable property, or any interest in such property;

(e)  the conveyance of immovable property or the transfer of any interest in immovable property;

(f)  a document of title; or

(g)  such other document or instrument as may be prescribed.

(3) Any provision of Part II or IV may be varied by agreement between the parties involved in creating, generating, sending, receiving, storing or otherwise processing or using electronic records.

PART II - ELECTRONIC RECORDS AND SIGNATURES 5. Legal recognition of electronic records

No record or signature shall be denied legal effect, validity or enforceability solely on the ground that it is in electronic form.

6. Requirement for writing

Where an enactment requires any information or record to be in writing, that requirement shall be satisfied by an electronic record where the information contained therein is accessible so as to be usable for subsequent reference. 


Badru Ntege
CEO 
NFT Consult Ltd 
Www.Nftconsult.com

“Vision without execution is hallucination.” 
― Thomas A. Edison






On 24 May 2012, at 02:02, SM <sm at resistor.net> wrote:

> Hi Owen,
> At 14:15 23-05-2012, Owen DeLong wrote:
>> That depends on whether or not MU has adopted laws similar to those in many states in the US.
> 
> www.gov.mu/portal/goc/ncb/file/eta.pdf
> 
> Regards,
> -sm 
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> rpd mailing list
> rpd at afrinic.net
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