Section 17Part 4 — Communication of Electronic Records
Time and place of sending and receipt of electronic records
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An electronic record which is transmitted by electronic means is sent at the time when it enters an information processing system outside the control of the originator, his agent, his electronic agent, or his agent's electronic agent.
An electronic record which is transmitted by electronic means is received —
in the case where the addressee has designated an information processing system for the purpose of receiving an electronic record —
at the time when the electronic record enters the designated information processing system; or
if 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
in the case where the addressee has not designated an information processing system, at the time when the electronic record enters an information processing system of the addressee or is otherwise retrieved by the addressee.
Subsection (2) applies 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).
Subject to subsection (6), an electronic record shall be deemed to have been sent at the place where the originator or his agent has his place of business, and shall be deemed to have been received at the place where the addressee or his agent has his place of business.
For the purposes of subsection (4), if the originator or the addressee has more than one place of business, his place of business is —
that place of business which has the closest relationship to the transaction to which the electronic record relates; or
where there is no transaction to which the electronic record relates —
if he is a body corporate or a registered partnership, his registered office; or
in any other case, his principal place of business.
Where the originator or the addressee of an electronic record does not have a place of business, or the electronic record does not relate to the originator's business, the electronic record shall be deemed to have been sent or received —
if it is a company, whether established in the Islands or in any other jurisdiction, at its registered office; or
in any other case, at the place where he ordinarily resides.
Defined Terms
electronic recordoriginatoraddresseeinformation processing system