14
Laws of Malaysia
Act 658
Place of receipt
23. Unless otherwise agreed between the originator and the
addressee, an electronic message is deemed received at the
addressee’s place of business, and—
(a) where the addressee has more than one place of business,
at the place of business that has the closest relationship
with the transaction or where there is no place of business
that has the closest relationship with the underlying
transaction, at the addressee’s principal place of business;
or
(b) where the originator does not have a place of business,
at the addressee’s ordinary place of residence.
Acknowledgement of receipt
24. (1) This section applies where, on or before sending an
electronic message, or in the electronic message, the originator
has requested or agreed with the addressee that receipt of the
electronic message is to be acknowledged.
(2) Where the originator has requested or agreed with the addressee
that receipt of the electronic message is to be acknowledged, the
electronic message is treated as though it has never been sent
until the acknowledgement is received.
(3) Where the originator has not agreed with the addressee
that the acknowledgement be given in a particular form or by a
particular method, an acknowledgement may be given by—
(a) any communication by the addressee, automated or
otherwise; or
(b) any conduct of the addressee sufficient to indicate to
the originator that the electronic message has been
received.
(4) Where the acknowledgement has not been received by the
originator within the time specified or agreed or, if no time has
been specified or agreed, within a reasonable time, the originator
may—
(a) give notice to the addressee stating that no acknowledgement
has been received and specifying a reasonable time by
which the acknowledgement must be received; and