Control of electronic copy of record evidencing
OklahomaStatutes
Ask Donna
How this section applies to your facts.
OK Code › Title 12A › Section 12A-1-9-105
Text
chattel paper.
CONTROL OF ELECTRONIC COPY OF RECORD EVIDENCING CHATTEL PAPER
(a) A purchaser has control of an authoritative electronic copy
of a record evidencing chattel paper if a system employed for
evidencing the assignment of interests in the chattel paper reliably
establishes the purchaser as the person to which the authoritative
electronic copy was assigned.
(b) A system satisfies subsection (a) of this section if the
record or records evidencing the chattel paper are created, stored,
and assigned in a manner that:
(1) a single authoritative copy of the record or records exists
which is unique, identifiable and, except as otherwise provided in
paragraphs (4), (5), and (6) of this section, unalterable;
(2) the authoritative copy identifies the purchaser as the
assignee of the record or records;
(3) the authoritative copy is communicated to and maintained by
the purchaser or its designated custodian;
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 37
(4) copies or amendments that add or change an identified
assignee of the authoritative copy can be made only with the consent
of the purchaser;
(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.
(c) A system satisfies subsection (a) of this section, and a
purchaser has control of an authoritative electronic copy of a
record evidencing chattel paper, if the electronic copy, a record
attached to or logically associated with the electronic copy, or a
system in which the electronic copy is recorded:
(1) enables the purchaser readily to identify each electronic
copy as either an authoritative copy or a nonauthoritative copy;
(2) enables the purchaser readily to identify itself in any
way, including by name, identifying number, cryptographic key,
office, or account number, as the assignee of the authoritative
electronic copy; and
(3) gives the purchaser exclusive power, subject to subsection
(d) of this section, to:
(A) prevent others from adding or changing an identified
assignee of the authoritative electronic copy; and
(B) transfer control of the authoritative electronic copy.
(d) Subject to subsection (e) of this section, a power is
exclusive under subparagraphs (A) and (B) of paragraph 3 of
subsection (c) of this section even if:
(1) the authoritative electronic copy, a record attached to or
logically associated with the authoritative electronic copy, or a
system in which the authoritative electronic copy is recorded limits
the use of the authoritative electronic copy or has a protocol
programmed to cause a change, including a transfer or loss of
control; or
(2) the power is shared with another person.
(e) A power of a purchaser is not shared with another person
under paragraph 2 of subsection (d) of this section and the
purchaser's power is not exclusive if:
(1) the purchaser can exercise the power only if the power also
is exercised by the other person; and
(2) the other person:
(A) can exercise the power without exercise of the power
by the purchaser; or
(B) is the transferor to the purchaser of an interest in
the chattel paper.
(f) If a purchaser has the powers specified in subparagraphs
(A) and (B) of paragraph (3) of subsection (c) of this section, the
powers are presumed to be exclusive.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 38
r person:
(A) can exercise the power without exercise of the power
by the purchaser; or
(B) is the transferor to the purchaser of an interest in
the chattel paper.
(f) If a purchaser has the powers specified in subparagraphs
(A) and (B) of paragraph (3) of subsection (c) of this section, the
powers are presumed to be exclusive.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 38
(g) A purchaser has control of an authoritative electronic copy
of a record evidencing chattel paper if another person, other than
the transferor to the purchaser of an interest in the chattel paper:
(1) has control of the authoritative electronic copy and
acknowledges that it has control on behalf of the purchaser; or
(2) obtains control of the authoritative electronic copy after
having acknowledged that it will obtain control of the electronic
copy on behalf of the purchaser.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.