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H.B. 18
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VETOES
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(D) 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. FOR PURPOSES OF THIS
SUBSECTION, THE FOLLOWING RULES APPLY:
(1) 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; AND
(2) 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 SUBSECTION (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 SUBSECTION (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 SUBSECTION (A) OF THIS SECTION, OR PURPORTEDLY
RECEIVED UNDER SUBSECTION (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 ALLOWED BY THE OTHER LAW, THE
REQUIREMENTS OF THIS SUBSECTION MAY NOT BE VARIED BY AGREEMENT.
21-115. TRANSFERABLE RECORDS.
(A) IN THIS SECTION, "TRANSFERABLE RECORD" MEANS AN ELECTRONIC
RECORD THAT:
(1) WOULD BE A NOTE UNDER TITLE 3 OF THIS ARTICLE OR A
DOCUMENT UNDER TITLE 7 OF THIS ARTICLE IF THE ELECTRONIC RECORD WERE IN
WRITING; AND
(2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS AGREED
IS A TRANSFERABLE RECORD.
(B) A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A 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.
(C) A SYSTEM EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN
THE TRANSFERABLE RECORD SATISFIES SUBSECTION (B) OF THIS SECTION, AND A
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- 4244 -
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