44-7008

44-7008. Provision of information in writing;
presentation of records

A. If the parties to a transaction have agreed to conduct the transaction by
electronic means and a law requires a person to provide, send or deliver information in
writing to another person, the requirement is satisfied if the information is provided,
sent or delivered, as the case may be, in an electronic record that is capable of
retention by the recipient at the time of receipt. An electronic record is not capable of
retention by the recipient if the sender or the sender's information processing system
inhibits the ability of the recipient to print or store the electronic record.

B. If a law other than this chapter requires a person to post or display a record
in a certain manner, to send, communicate or transmit a record by a specified method or
to format information in a record in a certain manner, the following requirements apply:

1. The record shall be posted or displayed in the manner prescribed in that law.

2. Except as otherwise provided in subsection D, paragraph 2, the record shall be
sent, communicated or transmitted by the method prescribed in that law.

3. The record shall contain the information formatted in the manner prescribed in
that law.

C. If a sender inhibits the ability of a recipient to store or print an electronic
record, the electronic record is not enforceable against the recipient.

D. The parties to the transaction shall not vary the requirements of this section,
except that to the extent a law other than this chapter requires:

1. Information to be provided, sent or delivered in writing but allows that
requirement to be varied by agreement, the parties may agree to vary the requirement
prescribed in subsection A that the information be in the form of an electronic record
capable of retention.

2. A record to be sent, communicated or transmitted by postage prepaid first class
mail or regular mail but allows that requirement to be varied by agreement, the parties
may agree to vary the requirement to the extent allowed by the other law.