                                 CODE OF VIRGINIA

TIME AND PLACE OF SENDING AND RECEIPT (§ 59.1-493)

a. Unless otherwise agreed between the sender and the recipient, an electronic
record is sent when it:

   1. 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. Is in a form capable of being processed by that system; and

   3. 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 which is under the control of the recipient.

b. Unless otherwise agreed between a sender and the recipient, an electronic
record is received when:

   1. It 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; and

   2. It is in a form capable of being processed by that system.

c. Subsection (b) 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 subsection (d).

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&#8217;s place of business and to be received at the
recipient&#8217;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.

   2. If the sender or the recipient does not have a place of business, the place
   of business is the sender&#8217;s or recipient&#8217;s residence, as the case
   may be.

e. An electronic record is received under subsection (b) even if no individual
is aware of its receipt.

f. Receipt of an electronic acknowledgment from an information processing system
described in subsection (b) establishes that a record was received but, by
itself, does not establish that the content sent corresponds to the content
received.

g. If a person is aware that an electronic record purportedly sent under
subsection (a), or purportedly received under subsection (b), was not actually
sent or received, the legal effect of the sending or receipt is determined by
other applicable law. Except to the extent permitted by the other law, the
requirements of this subsection may not be varied by agreement.

HISTORY: 2000, c. 995.