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325L.08 PROVISION OF INFORMATION IN WRITING; PRESENTATION OF
RECORDS.
(a) 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 its information processing system inhibits the
ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record (i) to be posted or displayed in a certain
manner, (ii) to be sent, communicated, or transmitted by a specified method, or (iii) to contain
information that is formatted in a certain manner, the following rules apply:
(1) the record must be posted or displayed in the manner specified in the other law;
(2) except as otherwise provided in paragraph (d), clause (2), the record must be sent,
communicated, or transmitted by the method specified in the other law;
(3) the record must contain the information formatted in the manner specified in the other law.
(c) 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.
(d) The requirements of this section may not be varied by agreement, but:
(1) 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 paragraph (a) that the information be in the form of an electronic record capable of retention
may also be varied by agreement; and
(2) a requirement under a law other than this chapter to send, communicate, or transmit
a record by first-class mail, postage prepaid or regular United States mail may be varied by
agreement to the extent permitted by the other law.
History: 2000 c 371 s 8

Official Publication of the State of Minnesota
Revisor of Statutes