KRS 394.738: Retention of electronic record -- Original form.

(1) Except as provided in subsection (2) of this section, if other law of this

Commonwealth requires an electronic nontestamentary estate planning document to

be retained, transmitted, copied, or filed, the requirement is satisfied by retaining,

transmitting, copying, or filing an electronic record that:

(a) Accurately reflects the information in the document after it was first generated

in final form as an electronic record or under KRS 394.740; and

(b) Remains accessible to the extent required by the other law.

(2) A requirement under subsection (1) of this section to retain a record does not apply

to information the sole purpose of which is to enable the record to be sent,

communicated, or received.

(3) A person may satisfy subsection (1) of this section by u sing the services of another

person.

(4) If other law of this Commonwealth requires a nontestamentary estate planning

document to be presented or retained in its original form, or provides consequences

if a nontestamentary estate planning document is not p resented or retained in its

original form, an electronic record retained in accordance with subsection (1) of this

section satisfies the other law.

(5) This section does not preclude a governmental agency from specifying

requirements for the retention of a record subject to the agency's jurisdiction in

addition to those in this section. In this subsection, "governmental agency" means

an executive, legislative, or judicial agency, department, board, commission,

authority, institution, or instrumentality of the federal government or of a state or of

a county, municipality, or other political subdivision of a state.