KRS 369.108: Provision of information in writing -- Presentation of records.

(1) 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 c ase 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.

(2) If a law other than KRS 369.101 to 369.120 requires a record to be posted or

displayed in a certain manner, to be sent, communicated, or transmitted by a

specified method, or to contain information that is formatte d in a certain manner,

the following rules apply:

(a) The record must be posted or displayed in the manner specified in the other

law.

(b) Except as otherwise provided in subsection (4)(b) of this section, the record

must be sent, communicated, or transmit ted by the method specified in the

other law.

(c) The record must contain the information formatted in the manner specified in

the other law.

(3) 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.

(4) The requirements of this section may not be varied by agreement, but:

(a) To the extent a law other than KRS 369.101 to 369.120 requires information

to be provided, sent, or delivered in writing but permits tha t requirement to be

varied by agreement, the requirement under subsection (1) of this section that

the information be in the form of an electronic record capable of retention may

also be varied by agreement; and

(b) A requirement under a law other than KRS 369.101 to 369.120 to send,

communicate, or transmit a record by United States mail may be varied by

agreement to the extent permitted by the other law.