Maine Revised Statutes Title 10 Sec. 9415 – Time and place of sending and receipt
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1. Sending. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
A. Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; [PL 1999, c. 762, §2 (NEW).]
B. Is in a form capable of being processed by that information processing system; and [PL 1999, c. 762, §2 (NEW).]
C. Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9415
- 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
- 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
2. Receipt. Unless otherwise agreed between a sender and the recipient, an electronic record is received when it:
A. Enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and [PL 1999, c. 762, §2 (NEW).]
B. Is in a form capable of being processed by that information processing system. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
3. Physical location. Subsection 2 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection 4.
[PL 1999, c. 762, §2 (NEW).]
4. Place of business. Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply.
A. If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. [PL 1999, c. 762, §2 (NEW).]
B. 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 case may be. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
5. Actual receipt. An electronic record is received under subsection 2 even if no individual is aware of its receipt.
[PL 1999, c. 762, §2 (NEW).]
6. Contents. Receipt of an electronic acknowledgment from an information processing system described in subsection 2 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
[PL 1999, c. 762, §2 (NEW).]
7. Legal effect. 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 legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).