432.255. Retention of electronic records--originals. - Missouri Statutes

Retention of electronic records--originals.

432.255. 1. If a law requires that a record be retained, therequirement is satisfied by retaining an electronic record of theinformation in the record which:

(1) Accurately reflects the information set forth in the record afterit was first generated in its final form as an electronic record orotherwise; and

(2) Remains accessible for later reference.

2. A requirement to retain a record in accordance with subsection 1of this section does not apply to any information the sole purpose of whichis to enable the record to be sent, communicated, or received.

3. A person may satisfy subsection 1 of this section by using theservices of another person if the requirements of that subsection aresatisfied.

4. If a law requires a record to be presented or retained in itsoriginal form, or provides consequences if the record is not presented, orretained in its original form, that law is satisfied by an electronicrecord retained in accordance with subsection 1 of this section.

5. If a law requires retention of a check, that requirement issatisfied by retention of an electronic record of the information on thefront and back of the check in accordance with subsection 1 of thissection.

6. A record retained as an electronic record in accordance withsubsection 1 of this section satisfies a law requiring a person to retain arecord for evidentiary, audit or like purposes, unless a law enacted afterAugust 28, 2003, specifically prohibits the use of an electronic record forthe specified purpose.

7. This section does not preclude a governmental agency of this statefrom specifying additional requirements for the retention of a recordsubject to the agency's jurisdiction.

(L. 2003 H.B. 254)