Ky. Rev. Stat. § 355.9-105

Current through Acts Received April 24, 2024
Section 355.9-105 - [Effective Until 1/1/2025] Control of electronic chattel paper
(1) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
(2) A system satisfies subsection (1) of this section, and a secured party has control of electronic chattel paper, if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
(a) A single authoritative copy of the record or records exists which is unique, identifiable and, except as otherwise provided in paragraphs (d), (e), and (f) of this subsection, unalterable;
(b) The authoritative copy identifies the secured party as the assignee of the record or records;
(c) The authoritative copy is communicated to and maintained by the secured party or its designated custodian;
(d) Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the secured party;
(e) 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
(f) Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.

KRS 355.9-105

Amended by 2012 Ky. Acts ch. 132,§ 61, eff. 7/11/2012.
Repealed and reenacted 2000, Ky. Acts ch. 408, sec. 25, effective 7/1/2001. -- Amended 1998, Ky. Acts ch. 542, sec. 3, effective 7/15/1998. -- Amended 1996, Ky. Acts ch. 130, sec. 166, effective 1/1/1997. -- Amended 1986 Ky. Acts ch. 118, sec. 57, effective 7/1/1987. -- Created 1958 Ky. Acts ch. 77, sec. 9-105, effective 7/1/1960.
This section is set out more than once due to postponed, multiple, or conflicting amendments.