Effective: September 14, 2000
Latest Legislation: House Bill 488 - 123rd General Assembly
(A) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it satisfies all of the following:
(1) The record is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, and from which the recipient is able to retrieve the electronic record.
(2) The record is in a form capable of being processed by the information processing system described in division (A)(1) of this section.
(3) The record enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender, or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient.
(B) Unless otherwise agreed between a sender and the recipient, an electronic record is received when both of the following are satisfied:
(1) The record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, and from which the recipient is able to retrieve the electronic record.
(2) The record is in a form capable of being processed by the information processing system described in division (B)(1) of this section.
(C) Division (B) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under division (D) of this section.
(D)(1) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business.
(2) For purposes of division (D)(1) of this section, both of the following apply:
(a) If the sender or recipient has more than one place of business, the place of business of that person is the place 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.
(E) An electronic record is received under division (B) of this section even if no individual is aware of its receipt.
(F) Receipt of an electronic acknowledgment from an information processing system described in division (B) of this section establishes that a record was received, but, by itself, does not establish that the content sent corresponds to the content received.
(G)(1) If a person is aware that an electronic record purportedly sent under division (A) of this section, or purportedly received under division (B) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law.
(2) Except to the extent permitted by other law, division (G)(1) of this section may not be varied by agreement.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1306 | Uniform Electronic Transactions Act
Section 1306.01 | Definitions.
Section 1306.02 | Scope of Chapter - Exceptions.
Section 1306.03 | Prospective Application of Chapter.
Section 1306.04 | Applicability - Agreements.
Section 1306.05 | Citation, Construction and Application of Chapter.
Section 1306.06 | Electronic Record or Signature Satisfies Legal Requirements.
Section 1306.07 | Electronic Record Capable of Retention by Recipient at Time of Receipt.
Section 1306.08 | When Electronic Record or Signature Is Attributable to Person - Effect.
Section 1306.09 | Effect of Change or Error in Transmission.
Section 1306.10 | Notary, Acknowledgment, Verification or Oath Requirement.
Section 1306.11 | Requirement That Record Be Retained - Original Records.
Section 1306.12 | Admissibility in Evidence.
Section 1306.13 | Automated Transaction - Contracts - Terms.
Section 1306.14 | Sending and Receiving Conditions.
Section 1306.15 | Control of Transferable Record.
Section 1306.16 | Enforceability Against Consumer.
Section 1306.17 | Commercial Reasonableness of Security Procedure.
Section 1306.18 | Security Procedures.
Section 1306.19 | Exemption for Consumer Transactions.
Section 1306.20 | State Agency Provisions.
Section 1306.21 | Rules for State Agency Use of Electronic Records or Electronic Signatures.