A credit union may, in accordance with written board policy, satisfy any "written" member notification requirement of the Act, commission rules, or the credit union's bylaws by electronic means provided:

1. (1) the member agrees in writing or electronically to use electronic instead of hard-copy notifications;
2. (2) the member has the ability to print or download the notification;
3. (3) evidence of the electronic notification is retained in accordance with §91.405 (relating to Records Retention); and
4. (4) both the credit union and the member have the capacity to receive electronic messages.

Source Note:The provisions of this §91.407 adopted to be effective March 14, 2004, 29 TexReg 2636.