Maine Revised Statutes Title 10 Sec. 9408 – Provision of information in writing; presentation of records
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1. Writing. 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.
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9408
- Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic record: means a record created, generated, sent, communicated, received or stored by electronic means. See Maine Revised Statutes Title 10 Sec. 9402
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Information: means data, text, images, sounds, codes, computer programs, software, databases or the like. See Maine Revised Statutes Title 10 Sec. 9402
- Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information. See Maine Revised Statutes Title 10 Sec. 9402
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 10 Sec. 9402
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 10 Sec. 9402
- Transaction: means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial or governmental affairs. See Maine Revised Statutes Title 10 Sec. 9402
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Records. If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules apply:
A. The record must be posted or displayed in the manner specified in the other law; [PL 1999, c. 762, §2 (NEW).]
B. Except as otherwise provided in subsection 4, paragraph B, the record must be sent, communicated or transmitted by the method specified in the other law; and [PL 1999, c. 762, §2 (NEW).]
C. The record must contain the information formatted in the manner specified in the other law. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
3. Unenforceable. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
[PL 1999, c. 762, §2 (NEW).]
4. Variance by agreement. The requirements of this section may not be varied by agreement, but:
A. To the extent a law other than this chapter requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection 1 that the information be in the form of an electronic record capable of retention may also be varied by agreement; and [PL 1999, c. 762, §2 (NEW).]
B. A requirement under a law other than this chapter to send, communicate or transmit a record by certified mail, return receipt requested; first-class mail, postage prepaid; or regular United States mail may be varied by agreement to the extent permitted by the other law. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).