Sec. 8.
(1) 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 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.
(2) If a law 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, all of the following rules apply:
(a) The record must be posted or displayed in the manner specified by law.
(b) Except as otherwise provided in subsection (4)(b), the record shall be sent, communicated, or transmitted by the method specified by law.
(c) The record shall contain the information formatted in the manner specified by law.
(3) 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.
(4) The requirements of this section may be varied by either of the following:
(a) To the same extent a law other than this act that requires information to be provided, sent, or delivered in writing allows that requirement to be varied by agreement.
(b) To the same extent a law other than this act that requires a record be sent, communicated, or transmitted by regular United States mail allows that requirement to be varied by agreement.
History: 2000, Act 305, Imd. Eff. Oct. 16, 2000
Structure Michigan Compiled Laws
Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849)
Section 450.831 - Short Title.
Section 450.832 - Definitions.
Section 450.833 - Applicability of Act to Electronic Records and Signatures; Exception for 2020.
Section 450.834 - Applicability of Act; Commencement.
Section 450.835 - Scope of Act; Terms.
Section 450.835a - Amending, Reaffirming, or Repealing Restrictive Covenant by Electronic Signature.
Section 450.836 - Construction of Act.
Section 450.837 - Record or Signature in Electronic Form; Legal Effect; Enforcement.
Section 450.839 - Attribution of Electronic Record or Signature.
Section 450.840 - Change or Error in Transmission of Electronic Record.
Section 450.842 - Retention of Record.
Section 450.843 - Evidence of Record or Signature in Criminal or Civil Proceeding.
Section 450.844 - Automated Transaction; Applicable Rules.
Section 450.845 - Electronic Record Considered Sent or Received.
Section 450.846 - Transferable Record.
Section 450.849 - Standards Adopted by Other Governmental Agencies.