{"data":{"id":"us-ky/krs-369.115","jurisdiction":"us-ky","citation":"KRS 369.115","heading":"Time and place of sending and receipt.","body":"(1) Unless otherwise agreed between the sender and the recipient, an electronic record\nis sent when it:\n(a) Is addressed properly or otherwise directed properly to an information\nprocessing system that the recipient has designated or uses for the purpose of\nreceiving electronic records or information of the type sent and from which\nthe recipient is able to retrieve the electronic record;\n(b) Is in a form capable of being processed by that system; and\n(c) Enters an information processing system outside the contr ol of the sender or\nof a person that sent the electronic record on behalf of the sender or enters a\nregion of the information processing system designated or used by the\nrecipient which is under the control of the recipient.\n(2) Unless otherwise agreed bet ween a sender and the recipient, an electronic record is\nreceived when:\n(a) It enters an information processing system that the recipient has designated or\nuses for the purpose of receiving electronic records or information of the type\nsent and from which the recipient is able to retrieve the electronic record; and\n(b) It is in a form capable of being processed by that system.\n(3) Subsection (2) of this section applies even if the place the information processing\nsystem is located is different from the plac e the electronic record is deemed to be\nreceived under subsection (4) of this section.\n(4) Unless otherwise expressly provided in the electronic record or agreed between the\nsender and the recipient, an electronic record is deemed to be sent from the sende r's\nplace of business and to be received at the recipient's place of business. For\npurposes of this subsection, the following rules apply:\n(a) If the sender or recipient has more than one (1) place of business, the place of\nbusiness of that person is the p lace having the closest relationship to the\nunderlying transaction.\n(b) If the sender or the recipient does not have a place of business, the place of\nbusiness is the sender's or recipient's residence, as the case may be.\n(5) An electronic record is receiv ed under subsection (2) of this section even if no\nindividual is aware of its receipt.\n(6) Receipt of an electronic acknowledgment from an information processing system\ndescribed in subsection (2) of this section establishes that a record was received but,\nby itself, does not establish that the content sent corresponds to the content\nreceived.\n(7) If a person is aware that an electronic record purportedly sent under subsection (1)\nof this section, or purportedly received under subsection (2) of this section , was not\nactually sent or received, the legal effect of the sending or receipt is determined by\nother applicable law. Except to the extent permitted by the other law, the\nrequirements of this subsection may not be varied by agreement.","path":["KRS Chapter 369"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35214","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:07Z","sha256":"fba1e25ac36f21af40687edba376b1642b1908a0ff88ca1fc8f0db3317155b0d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-369.114","next":"us-ky/krs-369.116"},"notice":"GroundRules: Original legal text. Not legal advice."}