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having the closest relationship to the underlying transaction. |
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| 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. |
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| | 5.__Actual receipt.__An electronic record is received under | subsection 2 even if no individual is aware of its receipt. |
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| | 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. |
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| | 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. |
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| §9416.__Transferable records |
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| | 1.__ Definition.__In this section, "transferable record" means | an electronic record that: |
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| A.__Would be a note under Title 11, Article 3-A or a | document under Title 11, Article 7 if the electronic record | were in writing; and |
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| B.__The issuer of the electronic record expressly has agreed | is a transferable record. |
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| | 2.__Control.__A person has control of a transferable record if | an information processing system employed for evidencing the | transfer of interests in the transferable record reliably | establishes that person as the person to which the transferable | record was issued or transferred. |
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| | 3.__Compliance.__An information processing system satisfies | subsection 2, and a person is deemed to have control of a | transferable record, if the transferable record is created, | stored and assigned in such a manner that: |
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| A.__A single authoritative copy of the transferable record | exists that is unique, identifiable and, except as otherwise | provided in paragraphs D, E and F, unalterable; |
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