Current through 2023 Legislative Sessions
Section 41-12-02 - (12-102) Definitions1. In this chapter: a. "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under section 41-12-05. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record.b. "Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.c. "Transferable record" has the meaning provided for that term in:(1) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act [ Pub. L. 106-229; 114 Stat. 473; 15 U.S.C. Section 7021 (a)(1)]; or(2) Subsection 1 of section 9-16-15.d. "Value" has the meaning provided in subsection 1 of section 41-03-29, as if references in that subsection to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible.2. The definitions in chapter 41-09 of "account debtor", "controllable account", "controllable payment intangible", "chattel paper", "deposit account", "electronic money", and "investment property" apply to this chapter.3. Chapter 41-01 contains general definitions and principles of construction and interpretation applicable throughout this title.Added by S.L. 2023 , ch. 371( HB 1082 ), § 89, eff. 8/1/2023.