E-mail using United States Postal Service (USPS) electronic postmark (EPM) service has been added to South Carolina's recently adopted
Uniform Electronic Transactions Act (UETA), as an alternative to certified or registered U.S. mail for certain types of electronic communications, and carries the same force of law and legal effect as those physical mail services.
UETA provides a legal framework for electronic transactions, and gives electronic signatures and records the same validity and enforceability as manual signatures and paper-based transactions.
The South Carolina legislation states that the "United States Postal Service electronic postmark means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a certain form at a certain time and the electronic document was opened or the contents of the electronic document were displayed at a time and date documented by the United States Post Office." The legislation also states that the "South Carolina Budget and Control Board shall devise policies and procedures for the use of the United States Postal Service electronic postmark in respect to state agencies and operations."
An example of a strategic benefit that the USPS EPM provides within this new legislation is that it allows individuals or corporations to serve process for law suits electronically on corporations, partnerships or other unincorporated associations whose e-mail addresses are registered with the secretary of state. This new electronic means of serving process using the USPS EPM will help to eliminate paper and improve communication between the courts, state agencies and businesses, streamline the judicial process and better serve the South Carolina community.
