59-22-10. (208) Retention of electronic record - Original.

1. Except as provided in subsection 2, if any other provision of law requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that: a. Accurately reflects the information in the document after the document was first generated in final form as an electronic record or under section 59-22-11; and b. Remains accessible to the extent required by the other law.

2. A requirement under subsection 1 to retain a record does not apply to information the purpose of which is to enable the record to be sent, communicated, or received.

3. A person may satisfy subsection 1 by using the services of another person.

4. If any other provision of law requires a nontestamentary estate planning document to be presented or retained in its original form, or provides consequences if a nontestamentary estate planning document is not presented or retained in its original

form, an electronic record retained in accordance with subsection 1 satisfies the other law.

5. This section does not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this section.

6. As used in this section, "governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of the state or of a county, municipality, or other political subdivision of the state.