(1) 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 a state or of a county, municipality, or other political subdivision of a state. (2) Except as provided in Subsection (3), if other law of this state requires an electronic non- testamentary 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 75-13-209; and (b) remains accessible to the extent required by the other law. (3) A requirement under Subsection (2) to retain a record does not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received. (4) A person may satisfy Subsection (2) by using the services of another person. (5) If other law of this state requires a non-testamentary estate planning document to be presented or retained in the non-testamentary estate planning document's original form, or provides consequences if a non-testamentary estate planning document is not presented or retained in the non-testamentary estate planning document's original form, an electronic record retained in accordance with Subsection (2) satisfies the other law. (6) 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.
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