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


Latest version.
  • (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), 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 subdivisions (4), (5), and (6), 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.

(Act 2004-315, p. 464, §1.)