§ 12A-7-106. Control of electronic document of title.  


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  • Control of Electronic Document of Title.

    (a)  A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred.

    (b)  A system satisfies subsection (a) of this section, and a person is deemed to have control of an electronic document of title, if the document is created, stored, and assigned in such a manner that:

    (1)  a single authoritative copy of the document exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this subsection, unalterable;

    (2)  the authoritative copy identifies the person asserting control as:

    (A)the person to which the document was issued; or

    (B)if the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred;

    (3)  the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

    (4)  copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

    (5)  each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

    (6)  any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.

Added by Laws 2005, c. 140, § 5, eff. Jan. 1, 2006.