2006 Code of Virginia § 59.1-486 - Provision of information in writing; presentation of records

59.1-486. Provision of information in writing; presentation of records.

(a) If parties have agreed to conduct a transaction by electronic means and alaw requires a person to provide, send, or deliver information in writing toanother person, the requirement is satisfied if the information is provided,sent, or delivered, as the case may be, in an electronic record capable ofretention by the recipient at the time of receipt. An electronic record isnot capable of retention by the recipient if the sender or its informationprocessing system inhibits the ability of the recipient to print or store theelectronic record.

(b) If a law other than this chapter requires a record (i) to be posted ordisplayed in a certain manner, (ii) to be sent, communicated, or transmittedby a specified method, or (iii) to contain information that is formatted in acertain manner, the following rules apply:

(1) The record shall be posted or displayed in the manner specified in theother law.

(2) Except as otherwise provided in subsection (d) (2), the record shall besent, communicated, or transmitted by the method specified in the other law.

(3) The record shall contain the information formatted in the mannerspecified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print anelectronic record, the electronic record is not enforceable against therecipient.

(d) The requirements of this section may not be varied by agreement, except:

(1) To the extent a law other than this chapter requires information to beprovided, sent, or delivered in writing but permits that requirement to bevaried by agreement, the requirement under subsection (a) that theinformation be in the form of an electronic record capable of retention mayalso be varied by agreement; and

(2) A requirement under a law other than this chapter to send, communicate,or transmit a record by United States mail, may be varied by agreement to theextent permitted by the other law.

(e) Notwithstanding subsections (b) and (d), a governmental agency may byregulation alter requirements governing (i) the method of posting or display,(ii) the manner of communication or transmittal, including First Class orother United States mail requirements, or (iii) formatting requirements, withrespect to the matters over which that agency has jurisdiction and withrespect to transactions that the parties have agreed to conduct by electronicmeans.

(2000, c. 995.)