Section 14: Time and place of sending and receipt

14. Time and place of sending and receipt (1) Unless otherwise agreed between the originator and the addressee, an electronic record is sent when it enters an information processing system outside the control of the originator or the person who sent the electronic record on behalf of the originator. E5 – 9 [Issue 1] Electronic Transactions Act (2) Unless otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall— (a) where the addressee has designated an information processing system for the purpose of receiving an electronic record, occur— (i) at the time when the electronic record enters the designated information processing system; or (ii) where the electronic record is sent to an information processing system of the addressee that is not the designated information processing system, at the time when the electronic record is retrieved by the addressee; or (b) where the addressee has not designated an information processing system, occur when the electronic record enters an information processing system that the addressee uses for the purpose of receiving electronic records or information of the type sent from which the addressee is able to retrieve the electronic record or information. (3) Subsection (2) shall apply notwithstanding that the place where the information processing system is located may be different from the place where the electronic record is deemed to be received under subsection (4). (4) Unless otherwise agreed between the originator and the addressee, an electronic record is deemed to be sent from the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business. (5) For the purposes of this section— (a) where the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business; (b) where the originator or the addressee does not have a place of business, reference is to be made to the usual place of residence; and (c) “usual place of residence”, in relation to a body corporate, means the place where it is incorporated or otherwise legally registered. PART V — SECURE ELECTRONIC RECORDS AND SIGNATURES