reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 7 - TRANSITION (§§ 75-9-701 — 75-9-710) › Section 75-9-709 - Priority

(a)
This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before January 1, 2002, former Article 9 determines priority.
(b)
For purposes of Section
75-9-322(a)
, the priority of a security interest that becomes enforceable under Section
75-9-203
of this act dates from January 1, 2002 if the security interest is perfected under this act by the filing of a financing statement before January 1, 2002 which would not have been effective to perfect the security interest under former Article 9. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
Laws, 2001, ch. 495, § 1, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-801 - Effective date

Chapter 451, Laws of 2013, takes effect on July 1, 2013.
Added by Laws, 2013, ch. 451, SB 2609, 20, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-802 - Savings clause

(a)
Except as otherwise provided in this part, Chapter 451, Laws of 2013, applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.
(b)
Chapter 451, Laws of 2013, does not affect an action, case, or proceeding commenced before July 1, 2013.
Added by Laws, 2013, ch. 451, SB 2609, 21, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-803 - Security interest perfected before July 1, 2013

(a)
A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under Article 9 as amended by Chapter 451, Laws of 2013, if, on July 1, 2013, the applicable requirements for attachment and perfection under Article 9 as amended by Chapter 451, Laws of 2013, are satisfied without further action.
(b)
Except as otherwise provided in Section
75-9-805
, if, immediately before July 1, 2013, a security interest is a perfected security interest, but the applicable requirements for perfection under Article 9 as amended by Chapter 451, Laws of 2013, are not satisfied on July 1, 2013, the security interest remains perfected thereafter only if the applicable requirements for perfection under Article 9 as amended by Chapter 451, Laws of 2013, are satisfied within one (1) year after July 1, 2013.
Added by Laws, 2013, ch. 451, SB 2609, 22, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-804 - Security interest unperfected before July 1, 2013

A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:
(1)
Without further action, on July 1, 2013, if the applicable requirements for perfection under Article 9 as amended by Chapter 451, Laws of 2013, are satisfied before or at that time; or
(2)
When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Added by Laws, 2013, ch. 451, SB 2609, 23, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-806 - When initial financing statement suffices to continue effectiveness of financing statement

(a)
The filing of an initial financing statement in the office specified in Section
75-9-501
continues the effectiveness of a financing statement filed before July 1, 2013, if:
(1)
The filing of an initial financing statement in that office would be effective to perfect a security interest under Article 9 as amended by Chapter 451, Laws of 2013;
(2)
The pre-effective-date financing statement was filed in an office in another state; and
(3)
The initial financing statement satisfies subsection (c).
(b)
The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1)
If the initial financing statement is filed before July 1, 2013, for the period provided in unamended Section
75-9-515
with respect to an initial financing statement; and
(2)
If the initial financing statement is filed after July 1, 2013, for the period provided in Section
75-9-515
as amended by Chapter 451, Laws of 2013, with respect to an initial financing statement.
(c)
To be effective for purposes of subsection (a), an initial financing statement must:
(1)
Satisfy the requirements of Part 5 as amended by Chapter 451, Laws of 2013, for an initial financing statement;
(2)
Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3)
Indicate that the pre-effective-date financing statement remains effective.
Added by Laws, 2013, ch. 451, SB 2609, 25, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-807 - Amendment of pre-effective-date financing statement

(a)
In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013.
(b)
After July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Article 9 as amended by Chapter 451, Laws of 2013. However, the effectiveness of a pre-effective-date financing statement may also be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c)
Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2013, only if:
(1)
The pre-effective-date financing statement and an amendment are filed in the office specified in Section
75-9-501
;
(2)
An amendment is filed in the office specified in Section
75-9-501
concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section
75-9-806(c)
; or
(3)
An initial financing statement that provides the information as amended and satisfies Section
75-9-806(c)
is filed in the office specified in Section
75-9-501
.
(d)
If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under Section
75-9-805(c) and (e)
or
75-9-806
.
(e)
Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2013, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies Section
75-9-806(c)
has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Article 9 as amended by Chapter 451, Laws of 2013, as the office in which to file a financing statement.
Added by Laws, 2013, ch. 451, SB 2609, 26, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-808 - Person entitled to file initial financing statement or continuation statement

A person may file an initial financing statement or a continuation statement under this part if:
(1)
The secured party of record authorizes the filing; and
(2)
The filing is necessary under this part:
(A)
To continue the effectiveness of a financing statement filed before July 1, 2013; or
(B)
To perfect or continue the perfection of a security interest.
Added by Laws, 2013, ch. 451, SB 2609, 27, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 8 - TRANSITION PROVISIONS FOR 2013 AMENDMENTS (§§ 75-9-801 — 75-9-809) › Section 75-9-809 - Priority

Chapter 451, Laws of 2013, determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, Article 9 as it existed before amendment determines priority.
Added by Laws, 2013, ch. 451, SB 2609, 28, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 10 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND REPEALER (§§ 75-10-101 — 75-10-104) › Section 75-10-101 - Effective date

This code shall become effective on and after March 31, 1968. It applies to transactions entered into and events occurring after that date.
Codes, 1942, § 41A:10-101; Laws, 1966, ch. 316, § 10-101, eff. 3/31/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 10 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND REPEALER (§§ 75-10-101 — 75-10-104) › Section 75-10-103 - General repealer

Except as provided in Section
75-10-104
, all laws and parts of laws inconsistent with this code are hereby repealed.
Codes, 1942, § 41A:10-103; Laws, 1966, ch. 316, § 10-103, eff. 3/31/1968.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 10 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND REPEALER (§§ 75-10-101 — 75-10-104) › Section 75-10-104 - [Repealed]

Repealed by Laws, 2006, ch. 527, § 71, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-101 - Effective date

The provisions of Chapter 452, Laws of 1977, shall become effective on April 1, 1978. As used in this chapter, the term "old U.C.C." shall refer to the original Uniform Commercial Code adopted in 1967, and all amendments thereto and the term "revised U.C.C." shall refer to the old U.C.C. as amended by Chapter 452, Laws of 1977.
Laws, 1977, ch. 452, § 37; Laws, 1978, ch. 401, § 2, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-102 - Preservation of old transition provision

The provisions of Section
75-10-102(2)
shall continue to apply to the revised U.C.C., and for this purpose the old U.C.C. and the revised U.C.C. shall be considered one continuous statute.
Laws, 1977, ch. 452, § 37, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-103 - Transition to revised U.C.C.; general rule

Transactions validly entered into after March 31, 1968 and before April 1, 1978, and which were subject to the provisions of the old U.C.C. and which would be subject to the amendments of Chapter 452, Laws of 1977 if they had been entered into after April 1, 1978 and the rights, duties and interests flowing from such transactions remain valid after April 1, 1978 and may be terminated, completed, consummated or enforced as required or permitted by the revised U.C.C. security interests arising out of such transactions which are perfected on April 1, 1978, shall remain perfected until they lapse as provided in the revised U.C.C., and may be continued as permitted by the revised U.C.C., except as stated in Section
75-11-105
.
Laws, 1977, ch. 452, § 37; Laws, 1978, ch. 401, § 3, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-104 - Transition provision on change of requirement of filing

A security interest for the perfection of which filing or the taking of possession was required under the old U.C.C. and which attached prior to April 1, 1978 but was not perfected shall be deemed perfected on April 1, 1978 if the revised U.C.C. permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.
Laws, 1977, ch. 452, § 37; Laws, 1978, ch. 401, § 4, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-105 - Transition provision on change of place of filing

(1)
A financing statement or continuation statement filed prior to April 1, 1978 which shall not have lapsed prior to that date shall remain effective for the period provided in the old U.C.C., but not less than five (5) years after the filing.
(2)
With respect to any collateral acquired by the debtor subsequent to April 1, 1978, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the revised U.C.C.
(3)
The effectiveness of any financing statement or continuation statement filed prior to April 1, 1978 may be continued by a continuation statement as permitted by the revised U.C.C., except that if the revised U.C.C. requires a filing in an office where there was no previous financing statement, a new financing statement conforming to Section
75-11-106
shall be filed in that office.
Laws, 1977, ch. 452, § 37; Laws, 1978, ch. 401, § 5, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-106 - Required refilings

(1)
If a security interest is perfected or has priority on April 1, 1978, as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under the revised Uniform Commercial Code, the perfection and priority rights of the security interest shall continue until three (3) years after April 1, 1978. The perfection will then lapse unless a financing statement is filed as provided in Section
75-11-104
or unless the security interests is perfected otherwise than by filing.
(2)
A financing statement may be filed within six (6) months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by Chapter 452, Laws of 1977), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the old Uniform Commercial Code or under any statute or other law repealed or modified by Chapter 452, Laws of 1977, is still effective. Section
75-9-501
determines the proper place to file such a financing statement. Except as specified in this subsection, the provisions of Section
75-9-510
for continuation statements apply to such a financing statement.
Laws, 1977, ch. 452, § 37; Laws, 1978, ch. 401, § 6; Laws, 2001, ch. 495, § 30, eff. 1/1/2002.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-107 - Transition provisions as to priorities

Except as otherwise provided in this chapter, the old U.C.C. shall apply to any questions of priority if the positions of the parties were fixed prior to April 1, 1978. In other cases, questions of priority shall be determined by the revised U.C.C.
Laws, 1977, ch. 452, § 37; Laws, 1978, ch. 401, § 7, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 11 - UNIFORM COMMERCIAL CODE-EFFECTIVE DATE AND TRANSITION PROVISIONS: 1977 AMENDMENTS (§§ 75-11-101 — 75-11-108) › Section 75-11-108 - Presumption that rule of law continues unchanged

Unless a change in law has clearly been made, the provisions of the revised U.C.C. shall be deemed declaratory of the meaning of the old U.C.C.
Laws, 1977, ch. 452, § 37, eff. 4/1/1978.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-1 - Short title

This chapter may be cited as the Uniform Electronic Transactions Act.
Laws, 2001, ch. 400, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-5 - Scope

(a)
Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.
(b)
This chapter does not apply to a transaction to the extent it is governed by:
(1)
A law governing the creation and execution of wills, codicils, or testamentary trusts;
(2)
The Uniform Commercial Code other than Sections
75-1-107
and
75-1-206
, Article 2 [(Section
75-2-101
et. seq. (sales))], and Article 2A [(Section
75-2A-101
et. seq. (leases))]; and
(3)
Title 75, Chapter 1 General Provisions, other than Section
75-1-107
Waiver or Renunciation of Claim and Section
75-1-206
Statute of Frauds on Miscellaneous Personal Property.
(4)
A statute, regulation or other rule of law governing adoption, divorce or other matters of family law. The provisions of this chapter shall not apply to court orders or notices, or official court documents (including briefs, pleadings and other writings) required to be executed in connection with court proceedings; any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials; or any notice of (a) the cancellation or termination of utility services (including water, heat and power); (b) default, acceleration, repossession, foreclosure or eviction, or right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; (c) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities); or (d) recall of a product, or material failure of a product, that risks endangering health or safety.
(c)
This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).
(d)
A transaction subject to this chapter is also subject to other applicable substantive law.
Laws, 2001, ch. 400, § 3, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-7 - Prospective Application

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2001.
Laws, 2001, ch. 400, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-9 - Use of electronic records and electronic signatures; variation by agreement

(a)
This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b)
This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c)
A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d)
Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e)
Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Laws, 2001, ch. 400, § 5, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-11 - Construction and application

This chapter must be construed and applied:
(1)
To facilitate electronic transactions consistent with other applicable law;
(2)
To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3)
To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Laws, 2001, ch. 400, § 6, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-13 - Legal recognition of electronic records, electronic signatures and electronic contracts

(a)
A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b)
A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c)
If a law requires a record to be in writing, an electronic record satisfies the law.
(d)
If a law requires a signature, an electronic signature satisfies the law.
Laws, 2001, ch. 400, § 7, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-15 - Provision of information in writing; presentation of records

(a)
If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b)
If a law other than this chapter requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1)
The record must be posted or displayed in the manner specified in the other law.
(2)
Except as otherwise provided in subsection (d)(2), the record must be sent, communicated, or transmitted by the method specified in the other law.
(3)
The record must contain the information formatted in the manner specified in the other law.
(c)
If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d)
The requirements of this section may not be varied by agreement, but:
(1)
To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2)
A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
Laws, 2001, ch. 400, § 8, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-17 - Attribution and effect of electronic record and electronic signature

(a)
An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b)
The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Laws, 2001, ch. 400, § 9, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-19 - Effect of change or error

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1)
If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2)
In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A)
Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B)
Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C)
Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3)
If neither paragraph (1) nor paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4)
Paragraphs (2) and (3) may not be varied by agreement.
Laws, 2001, ch. 400, § 10, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-21 - Notarization and acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Laws, 2001, ch. 400, § 11, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-23 - Retention of electronic records; originals

(a)
If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1)
Accurately reflects the information set forth in the record at the time it was first generated in its final form as an electronic record or otherwise; and
(2)
Remains accessible for later reference.
(b)
A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c)
A person may satisfy subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d)
If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).
(e)
If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).
(f)
A record retained as an electronic record in accordance with subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2001, specifically prohibits the use of an electronic record for the specified purpose.
(g)
This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Laws, 2001, ch. 400, § 12, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-25 - Admissibility in evidence

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Laws, 2001, ch. 400, § 13, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-27 - Automated transaction

In an automated transaction, the following rules apply:
(1)
A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2)
A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3)
The terms of the contract are determined by the substantive law applicable to it.
Laws, 2001, ch. 400, § 14, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-29 - Time and place of sending and receipt

(a)
Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1)
Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2)
Is in a form capable of being processed by that system; and
(3)
Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b)
Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1)
It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2)
It is in a form capable of being processed by that system.
(c)
Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).
(d)
Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1)
If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2)
If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e)
An electronic record is received under subsection (b) even if no individual is aware of its receipt.
(f)
Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g)
If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Laws, 2001, ch. 400, § 15, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-33 - Creation and retention of electronic records and conversion of written records by governmental agencies

The executive authority of each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records subject to applicable policies and standards of the Mississippi Department of Information Technology Services and the Mississippi Department of Archives and History as may be adopted pursuant to law.
Laws, 2001, ch. 400, § 17, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-35 - Acceptance and distribution of electronic records by governmental agencies

(a)
Except as otherwise provided in Section
75-12-23(f)
, the executive authority of each governmental agency of this State shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b)
To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the executive authority of the governmental agency, giving due consideration to security, may specify:
(1)
The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2)
If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3)
Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4)
Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c)
Except as otherwise provided in Section
75-12-23(f)
, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Laws, 2001, ch. 400, § 18, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-37 - Interoperability

The governmental agency of this state which adopts standards pursuant to Section
75-12-35
may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
Laws, 2001, ch. 400, § 19, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 12 - UNIFORM ELECTRONIC TRANSACTIONS ACT (§§ 75-12-1 — 75-12-39) › Section 75-12-39 - Severability clause

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Laws, 2001, ch. 400, § 20, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 13 - BILLS, NOTES AND OTHER WRITINGS (§§ 75-13-1 — 75-13-11) › Section 75-13-1 - Assignment

Any note, or other writing which may be assigned under any of the provisions of Chapter 3 of the Uniform Commercial Code shall, when so assigned in the manner therein provided, carry with the assignment for the benefit of the assignee all liens and other securities securing the same, and the holder may fully enforce the said benefit in any proper proceeding in law or in equity. A claim for the purchase money of land, or any other claim, secured by a legal or equitable lien in or on realty, may be assigned in writing and thereupon have the full benefit of this section. Provided, however, as to all promissory notes, and other writings for the payment of money or other thing, except such notes or writings that are payable to order or bearer, when assigned, the assignee or indorsee of such promissory notes or other writings not payable to order or bearer, may maintain such action thereon, in his own name, as the assignor or indorser could have maintained. In all actions on such assigned promissory notes not payable to order or bearer, bill of exchange or other writing, for the payment of money or other thing not payable to order or bearer, the defendant shall be allowed the benefit of all want of lawful consideration, failure of consideration, payments, discounts and setoffs made, had or possessed against the same, previous to notice of assignment in the same manner as though the suit had been brought by the payee. The assignee or indorsee of any such instrument not payable to order or bearer may maintain an action against the person, or persons, who may have indorsed the same as in case of inland bills of exchange.
Codes, Hutchinson's 1848, ch. 47, art. 2 (9); 1857, ch. 43, art. 2; 1871, § 2228; 1880, § 1124; 1892, § 3503; 1906, § 4001; Hemingway's 1917, § 2564; 1930, § 2853; 1942, § 238.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 13 - BILLS, NOTES AND OTHER WRITINGS (§§ 75-13-1 — 75-13-11) › Section 75-13-3 - Suits on indorsed bills and notes

An action shall not be maintained on a bill of exchange or promissory note which has been indorsed against any one secondarily liable thereon, without joining in the action all persons residing in this state who are liable before such person on the bill or note. The action shall be brought in the county where the party, or some one who is at first liable on said bill or note, shall reside. The clerk shall issue duplicate writs to the several counties for the various defendants.
Codes, 1857, ch. 43, art. 11; 1871, § 2237; 1880, § 1135; 1892, § 3516; 1906, § 4013; Hemingway's 1917, § 2575; 1930, § 2854; 1942, § 239.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 13 - BILLS, NOTES AND OTHER WRITINGS (§§ 75-13-1 — 75-13-11) › Section 75-13-5 - Discontinuance

The plaintiff may discontinue his suit, before verdict, against any of the indorsers, or parties secondarily liable, on payment of the costs that have accrued from joining such party in the suit.
Codes, 1857, ch. 43, art. 14; 1871, § 2240; 1880, § 1137; 1892, § 3517; 1906, § 4014; Hemingway's 1917, § 2576; 1930, § 2855; 1942, § 240.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 13 - BILLS, NOTES AND OTHER WRITINGS (§§ 75-13-1 — 75-13-11) › Section 75-13-7 - Duties of the clerks and sheriffs with executions

The clerk or justice of the peace shall indorse on all executions issued on judgments rendered in suits on promissory notes and bills of exchange the names of the makers, drawers, acceptors, and indorsers, so as to designate the order in which they are liable. The sheriff or other officer shall make the money on such executions out of the property of the maker or makers, acceptor or acceptors. It shall not be lawful to levy on the property of the indorsers unless sufficient property of the makers, drawers, or acceptors cannot be found by the sheriff out of which the plaintiff's money and costs can be made; and, in that case, the sheriff may proceed with the execution against the defendant next liable, and so on, until the execution be satisfied.
Codes, 1857, ch. 43, art. 6; 1871, § 2242; 1880, § 1139; 1892, § 3518; 1906, § 4015; Hemingway's 1917, § 2577; 1930, § 2856; 1942, § 241.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 13 - BILLS, NOTES AND OTHER WRITINGS (§§ 75-13-1 — 75-13-11) › Section 75-13-9 - Remedy of party paying execution

A party to such execution, who shall pay it, shall, as against any other party to it who is liable to him for the sum paid or any part of it, be entitled to the benefit of all the provisions for sureties in the chapter entitled "Principal and Surety," being Chapter 5 of Title 87, Mississippi Code of 1972.
Codes, 1880, § 1140; 1892, § 3519; 1906, § 4016; Hemingway's 1917, § 2578; 1930, § 2857; 1942, § 242.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 13 - BILLS, NOTES AND OTHER WRITINGS (§§ 75-13-1 — 75-13-11) › Section 75-13-11 - Holidays; execution on, not void

Nothing in any law of the State of Mississippi, shall in any manner whatsoever, affect the validity, or render void or voidable, the payment, certification or acceptance of a check, or other negotiable instrument, or any other transaction by a bank in this state, because done or performed on any legal holiday, except Sunday, provided such payment, certification, acceptance or other transaction would be valid if done or performed on a day other than a legal holiday or Sunday.
Codes, 1942, § 243; Laws, 1936, ch. 170.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 15 - MISSISSIPPI MONEY TRANSMITTERS ACT (§§ 75-15-1 — 75-15-35) › Section 75-15-1 - Citation

This chapter may be cited as the "Mississippi Money Transmitters Act."
Codes, 1942, § 5131-01; Laws, 1966, ch. 257, § 1; Laws, 2010, ch. 448, § 1, eff. 7/1/2010.