This text of Wyoming § 40-21-115 (Time and place of sending and receipt) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Unless otherwise agreed between the sender and the
recipient, an electronic record is sent when it:
(i)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;
(ii)Is in a form capable of being processed by that
system; and
(iii)Enters an information processing system outside
the control 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.
(b)Unless otherwise agreed between a sender and the
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(a) Unless otherwise agreed between the sender and the
recipient, an electronic record is sent when it:
(i) 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;
(ii) Is in a form capable of being processed by that
system; and
(iii) Enters an information processing system outside
the control 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.
(b) Unless otherwise agreed between a sender and the
recipient, an electronic record is received when:
(i) 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
(ii) It is in a form capable of being processed by
that system.
(c) Subsection (b) of this section applies even if the
place the information processing system is located is different
from the place the electronic record is deemed to be received
under subsection (d) of this section.
(d) 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 sender's place
of business and to be received at the recipient's place of
business. For purposes of this subsection, the following rules
apply:
(i) If the sender or recipient has more than one (1)
place of business, the place of business of that person is the
place having the closest relationship to the underlying
transaction;
(ii) 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.
(e) An electronic record is received under subsection (b)
of this section even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an
information processing system described in subsection (b) of
this section establishes that a record was received but, by
itself, does not establish that the content sent corresponds to
the content received.
(g) If a person is aware that an electronic record
purportedly sent under subsection (a) of this section, or
purportedly received under subsection (b) 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.