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Section: 432.0255 Retention of electronic records--originals. RSMO 432.255


Published: 2015

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Missouri Revised Statutes













Chapter 432

Contracts Required to Be in Writing

←432.250

Section 432.255.1

432.260→

August 28, 2015

Retention of electronic records--originals.

432.255. 1. If a law requires that a record be retained, the requirement

is satisfied by retaining an electronic record of the information in the

record which:



(1) Accurately reflects the information set forth in the record after it

was first generated in its final form as an electronic record or otherwise;

and



(2) Remains accessible for later reference.



2. A requirement to retain a record in accordance with subsection 1 of

this section does not apply to any information the sole purpose of which is

to enable the record to be sent, communicated, or received.



3. A person may satisfy subsection 1 of this section by using the

services of another person if the requirements of that subsection are

satisfied.



4. If a law requires a record to be presented or retained in its original

form, or provides consequences if the record is not presented, or retained in

its original form, that law is satisfied by an electronic record retained in

accordance with subsection 1 of this section.



5. If a law requires retention of a check, that requirement is satisfied

by retention of an electronic record of the information on the front and back

of the check in accordance with subsection 1 of this section.



6. A record retained as an electronic record in accordance with

subsection 1 of this section satisfies a law requiring a person to retain a

record for evidentiary, audit or like purposes, unless a law enacted after

August 28, 2003, specifically prohibits the use of an electronic record for

the specified purpose.



7. This section does not preclude a governmental agency of this state

from specifying additional requirements for the retention of a record subject

to the agency's jurisdiction.



(L. 2003 H.B. 254)







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