                                 CODE OF VIRGINIA

PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS (§ 59.1-486)

a. 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.

b. If a law other than this chapter requires a record (i) to be posted or
displayed in a certain manner, (ii) to be sent, communicated, or transmitted by
a specified method, or (iii) 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 subsection (d) (2), 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.

c. 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.

d. The requirements of this section may not be varied by agreement, except:

   1. To the extent a law other than this chapter requires information to be
   provided, sent, or delivered in writing but permits that requirement to be
   varied by agreement, the requirement under subsection (a) 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 this chapter to send, communicate, or
   transmit a record by United States mail, may be varied by agreement to the
   extent permitted by the other law.

e. Notwithstanding subsections (b) and (d), a governmental agency may by
regulation alter requirements governing (i) the method of posting or display,
(ii) the manner of communication or transmittal, including First Class or other
United States mail requirements, or (iii) formatting requirements, with respect
to the matters over which that agency has jurisdiction and with respect to
transactions that the parties have agreed to conduct by electronic means.

HISTORY: 2000, c. 995.