Effective - 28 Aug 2003
432.235. Provision of information in writing — presentation of records. — 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, as the case may be, 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 other than sections 432.200 to 432.295 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, the following rules apply:
(1) The record shall be posted or displayed in the manner specified in the other law;
(2) Except as otherwise provided in subdivision (2) of subsection 4 of this section, the record shall be sent, communicated, or transmitted by the method specified in the other law;
(3) The record shall contain the information formatted in the manner specified in the other 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 shall not be varied by agreement, but:
(1) To the extent a law other than sections 432.200 to 432.295 requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection 1 of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than sections 432.200 to 432.295 to send, communicate, or transmit a record by first class mail, postage prepaid, may be varied by agreement to the extent permitted by the other law.
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(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.