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PARRIS N. GLENDENING, Governor
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Ch. 8
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(C) A PERSON MAY SATISFY SUBSECTION (A) OF THIS SECTION BY USING THE
SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT SUBSECTION ARE
SATISFIED.
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED IN ITS
ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS NOT PRESENTED
OR RETAINED IN ITS ORIGINAL FORM, THAT LAW IS SATISFIED BY AN ELECTRONIC
RECORD RETAINED IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT REQUIREMENT IS
SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF THE INFORMATION ON
THE FRONT AND BACK OF THE CHECK IN ACCORDANCE WITH SUBSECTION (A) OF
THIS SECTION.
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION SATISFIES A LAW REQUIRING A PERSON TO
RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR SIMILAR PURPOSES, UNLESS A LAW
ENACTED AFTER THE EFFECTIVE DATE OF THIS TITLE SPECIFICALLY PROHIBITS
THE USE OF AN ELECTRONIC RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY OF THIS
STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE RETENTION OF A
RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
21-112. ADMISSIBILITY IN EVIDENCE.
IN A PROCEEDING, EVIDENCE OF A RECORD OR SIGNATURE MAY NOT BE
EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
21-113. AUTOMATED TRANSACTION.
IN AN AUTOMATED TRANSACTION, THE FOLLOWING RULES APPLY:
(1) A CONTRACT MAY BE FORMED BY THE INTERACTION OF
ELECTRONIC AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE OF OR
REVIEWED THE ELECTRONIC AGENTS' ACTIONS OR THE RESULTING TERMS AND
AGREEMENTS;
(2) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN
ELECTRONIC AGENT AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S OWN
BEHALF OR FOR ANOTHER PERSON, INCLUDING BY AN INTERACTION IN WHICH THE
INDIVIDUAL PERFORMS ACTIONS THAT THE INDIVIDUAL IS FREE TO REFUSE TO
PERFORM AND WHICH THE INDIVIDUAL KNOWS OR HAS REASON TO KNOW WILL
CAUSE THE ELECTRONIC AGENT TO COMPLETE THE TRANSACTION OR
PERFORMANCE; AND
(3) THE TERMS OF THE CONTRACT ARE DETERMINED BY THE
SUBSTANTIVE LAW APPLICABLE TO IT.
21-114. TIME AND PLACE OF SENDING AND RECEIPT.
(A) UNLESS OTHERWISE AGREED BETWEEN THE SENDER AND THE
RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT:
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- 51 -
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