Requirement of writing satisfied by sending of electronic record.

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53-12-17. Requirement of writing satisfied by sending of electronic record.

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.

Source: SL 2000, ch 225, §17.


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