432.270. Time and place of sending and receipt. - Missouri Statutes

Time and place of sending and receipt.

432.270. 1. Unless otherwise agreed between the sender and therecipient, an electronic record is sent when it:

(1) Is addressed properly or otherwise directed properly to aninformation processing system that the recipient has designated or uses forthe purpose of receiving electronic records or information of the type sentand from which 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 ofthe sender or of a person that sent the electronic record on behalf of thesender or enters a region of the information processing system designatedor used by the recipient which is under the control of the recipient.

2. Unless otherwise agreed between a sender and the recipient, anelectronic record 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 toretrieve the electronic record; and

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

3. Subsection 2 of this section applies even if the place theinformation processing system is located is different from the place theelectronic record is deemed to be received under subsection 4 of thissection.

4. Unless otherwise expressly provided in the electronic record oragreed between the sender and the recipient, an electronic record is deemedto be sent from the sender's place of business and to be received at therecipient's place of business. For purposes of this subsection, thefollowing rules apply:

(1) If the sender or recipient has more than one place of business,the place of business of that person is the place having the closestrelationship to the underlying transaction;

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

5. An electronic record is received under subsection 2 of thissection even if no individual is aware of its receipt.

6. Receipt of an electronic acknowledgment from an informationprocessing system described in subsection 2 of this section establishesthat a record was received but, by itself, does not establish that thecontent sent corresponds to the content received.

7. If a person is aware that an electronic record purportedly sentunder subsection 1 of this section or purportedly received under subsection2 of this section was not actually sent or received, the legal effect ofthe sending or receipt is determined by other applicable law. Except tothe extent permitted by the other law, the requirements of this subsectionshall not be varied by agreement.

(L. 2003 H.B. 254)