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369.108 Provision of information in writing -- Presentation of records.
(1)
(2)
(3)
(4)
If parties have agreed to conduct a 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 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 its information processing system inhibits the ability of the recipient
to print or store the electronic record.
If a law other than KRS 369.101 to 369.120 requires a record to be posted or
displayed in a certain manner, to be sent, communicated, or transmitted by a
specified method, or to contain information that is formatted in a certain manner,
the following rules apply:
(a) The record must be posted or displayed in the manner specified in the other
law.
(b) Except as otherwise provided in subsection (4)(b) of this section, the record
must be sent, communicated, or transmitted by the method specified in the
other law.
(c) The record must contain the information formatted in the manner specified in
the other law.
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.
The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than KRS 369.101 to 369.120 requires information
to be provided, sent, or delivered in writing but permits that requirement to be
varied by agreement, the requirement under subsection (1) of this section that
the information be in the form of an electronic record capable of retention may
also be varied by agreement; and
(b) A requirement under a law other than KRS 369.101 to 369.120 to send,
communicate, or transmit a record by United States mail may be varied by
agreement to the extent permitted by the other law.
Effective: August 1, 2000
History: Created 2000 Ky. Acts ch. 301, sec. 8, effective August 1, 2000.
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