46-4-402 - Time and place of sending and receipt.
46-4-402. Time and place of sending and receipt.
(1) Unless otherwise agreed between the sender and the recipient, an electronic record issent when it:
(a) is addressed properly or otherwise directed properly to an information processingsystem that the recipient has designated or uses for the purpose of receiving electronic records orinformation of the type sent and from which the recipient is able to retrieve the electronic record;
(b) is in a form capable of being processed by that system; and
(c) enters an information processing system outside the control of the sender or of aperson that sent the electronic record on behalf of the sender or enters a region of the informationprocessing system designated or used by the recipient that is under the control of the recipient.
(2) Unless otherwise agreed between a sender and the recipient, an electronic record isreceived when:
(a) it enters an information processing system that the recipient has designated or uses forthe purpose of receiving electronic records or information of the type sent and from which therecipient is able to retrieve the electronic record; and
(b) it is in a form capable of being processed by that system.
(3) Subsection (2) applies even if the place the information processing system is locatedis different from the place the electronic record is deemed to be received under Subsection (4).
(4) (a) Unless otherwise expressly provided in the electronic record or agreed betweenthe sender and the recipient, an electronic record is deemed to be sent from the sender's place ofbusiness and to be received at the recipient's place of business.
(b) For purposes of this Subsection (4), the following rules apply:
(i) If the sender or recipient has more than one place of business, the place of business ofthat person is the place having the closest relationship to the underlying transaction.
(ii) If the sender or the recipient does not have a place of business, the place of business isthe sender's or recipient's residence, as the case may be.
(5) An electronic record is received under Subsection (2) even if no individual is aware ofits receipt.
(6) Receipt of an electronic acknowledgment from an information processing systemdescribed in Subsection (2) establishes that a record was received but, by itself, does not establishthat the content sent corresponds to the content received.
(7) (a) If a person is aware that an electronic record purportedly sent under Subsection(1), or purportedly received under Subsection (2), was not actually sent or received, the legaleffect of the sending or receipt is determined by other applicable law.
(b) Except to the extent permitted by the other law, the requirements of this Subsection(7) may not be varied by agreement.
Enacted by Chapter 74, 2000 General Session