| communicate or store information include, but are not limited to, | magnetic media, optical discs, digital voice messaging systems, | electronic mail, audio tapes, and photographic media, as well as | paper. "Record" is an inclusive term that includes all of these | methods of storing or communicating information. Any "writing" | is a record. A record may be authenticated. See Comment 9.b. A | record may be created without the knowledge or intent of a | particular person. |
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| | Like the terms "written" or "in writing," the term "record" | does not establish the purposes, permitted uses, or legal effect | that a record may have under any particular provision of law. | Whatever is filed in the Article 9 [Maine cite Article 9-A] | filing system, including financing statements, continuation | statements, and termination statements, whether transmitted in | tangible or intangible form, would fall within the definition. | However, in some instances, statutes or filing-office rules may | require that a paper record be filed. In such cases, even if | this Article permits the filing of an electronic record, | compliance with those statutes or rules is necessary. Similarly, | a filer must comply with a statute or rule that requires a | particular type of encoding or formatting for an electronic | record. |
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| | This Article sometimes uses the terms "for record," "of | record," "record or legal title," and "record owner." Some of | these are terms traditionally used in real-property law. The | definition of "record" in this Article now explicitly excepts | these usages from the defined term. Also, this Article refers to | a record that is filed or recorded in real-property recording | systems to record a mortgage as a "record of a mortgage." This | usage recognizes that the defined term "mortgage" means an | interest in real property; it does not mean the record that | evidences, or is filed or recorded with respect to, the mortgage. |
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| b. "Authenticate"; "Communicate"; "Send." The terms | "authenticate" and "authenticated" generally replace "sign" | and "signed." "Authenticated" replaces and broadens the | definition of "signed," in Section 1-201, to encompass | authentication of all records, not just writings. | (References to authentication of, e.g., an agreement, | demand, or notification mean, of course, authentication of a | record containing an agreement, demand, or notification.) | The terms "communicate" and "send" also contemplate the | possibility of communication by nonwritten media. These | definitions include the act of transmitting both tangible | and intangible records. The definition of "send" replaces, | for purposes of this Article, the corresponding term in | Section 1-201. The reference to "usual means of | communication" in that definition contemplates an inquiry |
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