PART 4. Effect of a digital signature
Utah Code §§ 46-3-401 to 46-3-403
46-3-401 Presumptions established by a digital signature.
46-3-402 Effect of digital signature.
46-3-403 Digital signatures making instruments payable to bearer.
46-3-401 Presumptions established by a digital signature.
(1) The presumptions established in this section, Section
46-3-402, and Section 46-3-403 do not apply to a certificate issued by
an unlicensed certification authority.
(2) A certificate is presumed to be an acknowledgment of any
digital signature verified using the public key listed in the
certificate, regardless of whether words of an express acknowledgment
appear with the digital signature in any document, or in relation to
the message if:
(a) the certificate is in the repository provided by the division
or in a recognized repository; and
(b) the certificate was not revoked, suspended, or expired at the
time of signature.
(3) A digital signature verified using a public key is presumed
to have been affixed with the intention of the subscriber to
authenticate the message and to be bound by the contents of the
message if:
(a) the public key is listed in a certificate that is in the
repository provided by the division, or a recognized repository; and
(b) the certificate was not revoked, suspended, or expired at the
time of signature.
(4) (a) If a signature is time-stamped by the division or a
recognized repository, and unless the message otherwise provides, the
time-stamp is prima facie evidence that the time-stamped signature
took effect as of the date and time indicated in the time-stamp.
(b) This subsection does not preclude a finder of fact from
concluding, based on other evidence, that the date and time of
signature are other than as shown in a time-stamp of the division or a
recognized repository.
(5) The presumptions established in this section may be rebutted:
(a) by evidence indicating that a digital signature cannot be
verified by reference to a certificate issued by a licensed
certification authority;
(b) by evidence that the rightful holder of the private key by
which the digital signature was affixed had lost exclusive control of
the private key, without violating any duty imposed by this chapter,
at the time when the digital signature was affixed;
(c) by evidence showing a lack of a signature at common law; or
(d) by a showing that reliance on the presumption was not
commercially reasonable under the circumstances.
46-3-402 Effect of digital signature.
(1) A digitally signed document is as valid as if it had been
written on paper.
(2) This section does not limit the authority of the State Tax
Commission to prescribe the form of tax returns or other documents
filed with the State Tax Commission.
46-3-403 Digital signatures making instruments payable to bearer.
Notwithstanding any other provisions of this chapter, a digital
signature which would make a negotiable instrument payable to bearer
is void, unless the digital signature effectuates either a funds
transfer within the meaning of Section 70A-4a-104, or a transaction
between banks or other financial institutions.