LD 2557
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Page 9 of 15 An Act to Implement the Recommendations of the Blue Ribbon Commission to Establ... Page 11 of 15
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LR 3953
Item 1

 
having the closest relationship to the underlying transaction.

 
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.

 
5.__Actual receipt.__An electronic record is received under
subsection 2 even if no individual is aware of its receipt.

 
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.

 
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.

 
§9416.__Transferable records

 
1.__ Definition.__In this section, "transferable record" means
an electronic record that:

 
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

 
B.__The issuer of the electronic record expressly has agreed
is a transferable record.

 
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.

 
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:

 
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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