§ 66-318. Provision of information in writing; presentation of records. - North Carolina Statutes

§ 66‑318.  Provision ofinformation in writing; presentation of records.

(a)        If parties haveagreed to conduct a transaction by electronic means and a law requires a personto provide, send, or deliver information in writing to another person, therequirement is satisfied if the information is provided, sent, or delivered, asthe case may be, in an electronic record capable of retention by the recipientat the time of receipt. An electronic record is not capable of retention by therecipient if:

(1)        The sender or itsinformation processing system inhibits the ability of the recipient to print orstore the electronic record; or

(2)        It is not capable ofbeing accurately reproduced for later reference by all parties or persons whoare entitled to retain the contract or other record.

(b)        If a law other thanthis Article requires a record (i) to be posted or displayed in a certainmanner, (ii) to be sent, communicated, or transmitted by a specified method, or(iii) to contain information that is formatted in a certain manner, thefollowing rules apply:

(1)        The record must beposted or displayed in the manner specified in the other law.

(2)        Except as otherwiseprovided in subdivision (d)(2) of this section, the record must be sent,communicated, or transmitted by the method specified in the other law.

(3)        The record mustcontain the information formatted in the manner specified in the other law.

(c)        If a senderinhibits the ability of a recipient to store or print an electronic record, theelectronic record is not enforceable against the recipient.

(d)        The requirements ofthis section may not be varied by agreement, but:

(1)        To the extent a lawother than this act requires information to be provided, sent, or delivered inwriting, but permits that requirement to be varied by agreement, therequirement under subsection (a) of this section that the information be in theform of an electronic record capable of retention may also be varied byagreement; and

(2)        A requirement undera law other than this Article to send, communicate, or transmit a record byregular United States mail may be varied by agreement to the extent permittedby the other law. (2000‑152,s. 1; 2001‑295, s. 3.)