New Hampshire Revised Statutes 294-E:8 – Provision of Information in Writing; Presentation of Records
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I. If parties have agreed to conduct a transaction 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.
II. 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:
(a) The record must be posted or displayed in the manner specified in the other law.
(b) Except as otherwise provided in subparagraph IV(b), 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.
III. 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.
IV. 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 paragraph I 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 first-class mail, postage prepaid, or by regular United States mail may be varied by agreement to the extent permitted by the other law.
II. 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:
Terms Used In New Hampshire Revised Statutes 294-E:8
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) The record must be posted or displayed in the manner specified in the other law.
(b) Except as otherwise provided in subparagraph IV(b), 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.
III. 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.
IV. 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 paragraph I 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 first-class mail, postage prepaid, or by regular United States mail may be varied by agreement to the extent permitted by the other law.