TRS may accept electronic signatures in accordance with the Uniform Electronic Transaction Act [12A O.S. §101 et. seq.] and the Electronic Signatures in Global and National Commerce Act (E-SIGN) when conducting business. This provision does not require TRS to conduct business electronically nor prohibit TRS from requiring original or wet ink signatures.
- (1) “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.
- (2) TRS will use available technology for adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
- (3) Electronic signatures may be accepted where TRS provides for the means of electronic submission of an electronic signature and if the electronic signature and document to which it is affixed:
- (A) identifies the individual signing the document by name,
- (B) is attributable to the individual signing the document. An electronic record or signature is attributable to a person if it was the act of the person which may be shown in any manner, including the security procedure applied to determine the person to which the election record of electronic signature was attributable,
- (C) cannot be altered after the electronic signature has been affixed, and
- (D) otherwise meets any technical requirements of TRS and provisions of the Uniform Electronic Transaction Act.
- (4) The provisions of the Uniform Electronic Transaction Act apply to the time and place of sending and receipt. Should a power failure, internet interruption or internet virus occur, confirmation by the receiving party will be required to establish receipt.
- (5) Any TRS form which requires a notarized signature, may be satisfied if the electronic signature of the person authorized to perform those acts pursuant to the Remote Online Notary Act [49 O.S. §201 et. seq.] or similar law of another state, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
- (6) Any person who fraudulently represents facts in an electronic transaction, acts without authority, or exceeds their authority to perform an electronic transaction may be prosecuted under all applicable criminal and civil laws.
Added at 42 Ok Reg, Number 22, effective 9-1-25