Singapore legislation

Section 15

Time and place of despatch and receipt

(1)

Unless otherwise agreed to between the originator and the addressee, the despatch of an electronic record occurs when it enters an information system outside the control of the originator or the person who sent the electronic record on behalf of the originator.

(2)

Unless otherwise agreed to between the originator and the addressee, the time of receipt of an electronic record is determined as follows:

(a)

if the addressee has designated an information system for the purpose of receiving electronic records, receipt occurs —

(i)

at the time when the electronic record enters the designated information system; or

(ii)

if the electronic record is sent to an information system of the addressee that is not the designated information system, at the time when the electronic record is retrieved by the addressee; or

(b)

if the addressee has not designated an information system, receipt occurs when the electronic record enters an information system of the addressee.

(3)

Subsection (2) shall apply notwithstanding that the place where the information 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 to between the originator and the addressee, an electronic record is deemed to be despatched at the place where the originator has its place of business, and is deemed to be received at the place where the addressee has its place of business.

(5)

For the purposes of this section —

(a)

if 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)

if 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 constituted.

(6)

This section shall not apply to such circumstances as the Minister may by regulations prescribe.

Read in full context — Electronic Transactions Act →