Current through the 2024 Regular Session
Section 75-9-105 - Control of electronic chattel paper(a) 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.(b) A system satisfies subsection (a) if the record or records comprising the chattel paper are created, stored, and assigned in such 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), unalterable;(2) The authoritative copy identifies the secured party as the assignee of the record or records;(3) The authoritative copy is communicated to and maintained by the secured party 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 secured party;(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.Former 1972 Code § 75-9-105 [Codes, 1942, § 41A:9-105; Laws, 1966, ch. 316, § 9-105; Laws, 1977, ch. 452, § 8; Laws, 1978, ch. 356, § 1; Laws, 1990, ch. 384, § 48; Laws, 1996, ch. 460, § 23; Laws, 1996, ch. 468, § 57] is now found in comparable provisions enacted at § 75-9-102 by Laws, 2001, ch. 495, § 1. Present § 75-9-105 derived from 1972 Code § 75-8-106 [Laws, 1996, ch. 468, § 7] and was enacted by Laws, 2001, ch. 495, § 1, eff. 1/1/2002.Amended by Laws, 2013, ch. 451, SB 2609, 4, eff. 7/1/2013.