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Current as of January 01, 2024 | Updated by Findlaw Staff
A partnership may file a fictitious name certificate by electronic communication with the secretary of state. The following definitions apply to electronic fictitious name certificate filings with the secretary of state:
1. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
2. “Electronic communication” means any form of communication acceptable to the secretary of state, not directly involving the physical transmission of paper:
a. That creates a record that may be retained, retrieved, and reviewed by a recipient of the communication; and
b. That may be directly reproduced in paper form by the recipient through an automated process.
3. “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
4. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
5. “Legal recognition” means a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. If a provision of this chapter requires:
a. A record to be in writing, an electronic record satisfies the requirement.
b. A signature, an electronic signature satisfies the requirement.
6. “Signed” means that the signature of a person, which may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile telecommunication or electronically, or in any other manner reproduced on the document, and is communicated by a method or medium of communication acceptable to the secretary of state.
Cite this article: FindLaw.com - North Dakota Century Code Title 45. Partnerships § 45-11-02.1. Electronic filing of fictitious name certificate - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-45-partnerships/nd-cent-code-sect-45-11-02-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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