13 Pa. C.S. § 9105

Current through Pa Acts 2024-53, 2024-56 through 2024-79
Section 9105 - Control of electronic copy of record evidencing chattel paper
(a) General rule; control of electronic copy of record evidencing chattel paper.--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)Single authoritative copy.--A system satisfies subsection (a) 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), 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;
(4) copies or amendments which 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) One or more authoritative copies.--A system satisfies subsection (a) 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), to:
(i) prevent others from adding or changing an identified assignee of the authoritative electronic copy; and
(ii) transfer control of the authoritative electronic copy.
(d)Meaning of exclusive.--Subject to subsection (e), a power is exclusive under subsection (c)(3) 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) When power not shared with another person.--A power of a purchaser is not shared with another person under subsection (d) (2) 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:
(i) can exercise the power without exercise of the power by the purchaser; or
(ii) is the transferor to the purchaser of an interest in the chattel paper.
(f) Presumption of exclusivity of certain powers.--If a purchaser has the powers specified in subsection (c)(3), the powers are presumed to be exclusive.
(g) Obtaining control through another person.--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.

13 Pa.C.S. § 9105

Amended by P.L. (number not assigned at time of publication) 2024 No. 41,§ 17, eff. 8/30/2024.
Amended by P.L. 154 2013 No. 30, § 2, eff. 7/1/2013.
2001, June 8, P.L. 123, No. 18, § 16, effective July 1, 2001.