§ 9-16-07 — Provision of information in writing - Presentation of records

1. If parties have agreed to conduct transactions 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 case
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

the sender's information processing system inhibits the ability of the recipient to print
or store the electronic record.
2. If a law other than this chapter 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 formatted 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 subdivision b of subsection 4, the record must be
sent, communicated, or transmitted 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 this chapter requires information to be provided,
sent, or delivered in writing but permits that requirement to be varied by
agreement, the requirement under subsection 1 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 this chapter to send, communicate, or
transmit a record by United States mail first-class postage prepaid may be varied
by agreement to the extent permitted by the other law.