Effective - 28 Aug 2003
432.220. Use of electronic records and electronic signatures — variation by agreement. — 1. Sections 432.200 to 432.295 do not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
2. Sections 432.200 to 432.295 apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
3. A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection shall not be waived by agreement.
4. Except as otherwise provided in sections 432.200 to 432.295, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of sections 432.200 to 432.295 of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions shall not be varied by agreement.
5. Whether an electronic record or electronic signature has legal consequences is determined by sections 432.200 to 432.295 and other applicable law.
--------
(L. 2003 H.B. 254)
Structure Missouri Revised Statutes
Title XXVIII - Contracts and Contractual Relations
Chapter 432 - Contracts Required to Be in Writing
Section 432.010 - Statute of frauds — contracts to be in writing.
Section 432.030 - Assignment of wages.
Section 432.040 - Representations of credit to be in writing.
Section 432.047 - Credit agreements, actions not to be maintained, when — credit agreement defined.
Section 432.050 - Leases, not in writing, operate as estates at will.
Section 432.060 - Leases to be assigned in writing.
Section 432.070 - Contracts, execution of by counties, towns — form of contract.
Section 432.080 - Duplicate copies to be made and preserved.
Section 432.205 - Definitions.
Section 432.215 - Prospective application.
Section 432.220 - Use of electronic records and electronic signatures — variation by agreement.
Section 432.225 - Construction and application.
Section 432.235 - Provision of information in writing — presentation of records.
Section 432.240 - Attribution and effect of electronic record and electronic signature.
Section 432.245 - Effect of change or error.
Section 432.250 - Notarization and acknowledgment.
Section 432.255 - Retention of electronic records — originals.
Section 432.260 - Admissibility of evidence.
Section 432.265 - Automated transaction.
Section 432.270 - Time and place of sending and receipt.