432.235. Provision of information in writing--presentation of records.
Provision of information in writing--presentation of records.
432.235. 1. If parties have agreed to conduct a transaction byelectronic means and a law requires a person to provide, send or deliverinformation in writing to another person, the requirement is satisfied ifthe information is provided, sent or delivered, as the case may be, in anelectronic record capable of retention by the recipient at the time ofreceipt. An electronic record is not capable of retention by the recipientif the sender or its information processing system inhibits the ability ofthe recipient to print or store the electronic record.
2. If a law other than sections 432.200 to 432.295 requires a recordto be posted or displayed in a certain manner, to be sent, communicated, ortransmitted by a specified method, or to contain information that isformatted in a certain manner, the following rules apply:
(1) The record shall be posted or displayed in the manner specifiedin the other law;
(2) Except as otherwise provided in subdivision (2) of subsection 4of this section, the record shall be sent, communicated, or transmitted bythe method specified in the other law;
(3) The record shall contain the information formatted in the mannerspecified in the other law.
3. If a sender inhibits the ability of a recipient to store or printan electronic record, the electronic record is not enforceable against therecipient.
4. The requirements of this section shall not be varied by agreement,but:
(1) To the extent a law other than sections 432.200 to 432.295requires information to be provided, sent, or delivered in writing butpermits that requirement to be varied by agreement, the requirement undersubsection 1 of this section that the information be in the form of anelectronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than sections 432.200 to 432.295to send, communicate, or transmit a record by first class mail, postageprepaid, may be varied by agreement to the extent permitted by the otherlaw.
(L. 2003 H.B. 254)