KRS 369.115: Time and place of sending and receipt.

(1) Unless otherwise agreed between the sender and the recipient, an electronic record

is sent when it:

(a) 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;

(b) Is in a form capable of being processed by that system; and

(c) Enters an information processing system outside the contr ol 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.

(2) Unless otherwise agreed bet ween a sender and the recipient, an electronic record is

received when:

(a) 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

(b) It is in a form capable of being processed by that system.

(3) Subsection (2) of this section applies even if the place the information processing

system is located is different from the plac e the electronic record is deemed to be

received under subsection (4) of this section.

(4) 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 sende r's

place of business and to be received at the recipient's place of business. For

purposes of this subsection, the following rules apply:

(a) If the sender or recipient has more than one (1) place of business, the place of

business of that person is the p lace having the closest relationship to the

underlying transaction.

(b) 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.

(5) An electronic record is receiv ed under subsection (2) of this section even if no

individual is aware of its receipt.

(6) Receipt of an electronic acknowledgment from an information processing system

described in subsection (2) of this section establishes that a record was received but,

by itself, does not establish that the content sent corresponds to the content

received.

(7) If a person is aware that an electronic record purportedly sent under subsection (1)

of this section, or purportedly received under subsection (2) of this section , 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.