Sri Lanka Consolidated Acts

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Electronic Transactions (No. 19 of 2006) - Sect 14

Time and place of dispatch and receipt of electronic records

14.
(1) Unless otherwise agreed to between the originator and the addressee, the dispatch of a data message, electronic document, electronic record or other communication occurs when it enters an information system outside the control of the originator, or if the data message, electronic document, electronic record or other communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator, the time when the data message, electronic document, electronic record or other communication is received.
(2) Unless otherwise agreed between the originator and the addressee, the time of receipt of a data message, electronic document, electronic record or other communication shall be determined as follows, namely :-
(a) if the addressee has designated an information system for the purpose of receiving data messages, electronic document, electronic record or other communications-
(i) receipt occurs at the time when the data message, electronic document, electronic record or other communication enters the designated information system ; or
(ii) if the data message, electronic document, electronic record or other communication is sent to an information system of the addressee that is not the designated information system, receipt occurs at the time when the data message, electronic document, electronic record or other communication is retrieved by the addressee.
(b) if the addressee has not designated an information system along with specified timings, receipt occurs when the data message, electronic document, electronic record or other communication enters an information system of the addressee.
(3) Unless otherwise agreed between the originator and the addressee, the data message, electronic document, electronic record or other communication is deemed to be dispatched at 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.
(4) The provisions of subsection (2) shall apply notwithstanding that the place where the information system is located may be different from the place where the data message, electronic document, electronic record or other communication is deemed to have been received under subsection (3).
(5) For the purposes of this section-
(a) if the originator or the addressee has more than one place of business, the principal place of business shall be the place of business.
(b) if the originator or the addressee does not have a place of business, his usual place of residence shall be deemed to be the place of business ;
(c) "usual place of residence" in relation to a body corporate, means the place where it is registered ;
(d) if the originator and the addressee are in different time zones, time refers to Universal Standard Time.


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