2006 Code of Virginia § 59.1-493 - Time and place of sending and receipt

59.1-493. Time and place of sending and receipt.

(a) Unless otherwise agreed between the sender and the recipient, anelectronic record is sent when it:

(1) Is addressed properly or otherwise directed properly to an informationprocessing system that the recipient has designated or uses for the purposeof receiving electronic records or information of the type sent and fromwhich the recipient is able to retrieve the electronic record;

(2) Is in a form capable of being processed by that system; and

(3) Enters an information processing system outside the control of the senderor of a person that sent the electronic record on behalf of the sender orenters a region of the information processing system designated or used bythe recipient which is under the control of the recipient.

(b) Unless otherwise agreed between a sender and the recipient, an electronicrecord is received when:

(1) It enters an information processing system that the recipient hasdesignated or uses for the purpose of receiving electronic records orinformation of the type sent and from which the recipient is able to retrievethe electronic record; and

(2) It is in a form capable of being processed by that system.

(c) Subsection (b) applies even if the place the information processingsystem is located is different from the place the electronic record is deemedto be received under subsection (d).

(d) Unless otherwise expressly provided in the electronic record or agreedbetween the sender and the recipient, an electronic record is deemed to besent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, the followingrules apply:

(1) If the sender or recipient has more than one place of business, the placeof business of that person is the place having the closest relationship tothe underlying transaction.

(2) If the sender or the recipient does not have a place of business, theplace of business is the sender's or recipient's residence, as the case maybe.

(e) An electronic record is received under subsection (b) even if noindividual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processingsystem described in subsection (b) establishes that a record was receivedbut, by itself, does not establish that the content sent corresponds to thecontent received.

(g) If a person is aware that an electronic record purportedly sent undersubsection (a), or purportedly received under subsection (b), was notactually sent or received, the legal effect of the sending or receipt isdetermined by other applicable law. Except to the extent permitted by theother law, the requirements of this subsection may not be varied by agreement.

(2000, c. 995.)