Sec. 42a-9-105. Control of electronic chattel paper.
Sec. 42a-9-105. Control of electronic chattel paper. 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:
(1) A single authoritative copy of the record or records exists which is unique,
identifiable and, except as otherwise provided in subdivisions (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 revisions that add or change an identified assignee of the authoritative
copy can be made only with the participation 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 revision of the authoritative copy is readily identifiable as an authorized
or unauthorized revision.
(1959, P.A. 133, S. 9-105; P.A. 76-369, S. 11; P.A. 79-435, S. 46; P.A. 85-246, S. 20; P.A. 96-198, S. 22; P.A. 97-182,
S. 53; P.A. 01-132, S. 5.)
History: P.A. 76-369 deleted references to contract rights throughout section, redefined "chattel paper" to specifically
exclude charters or contracts involving use or hire of vessels, redefined "document" to include receipts described in Sec.
42a-7-201(2), redefined "goods" to exclude minerals before extraction and to include standing timber, and defined "deposit
account", "encumbrance", "mortgage", advances made "pursuant to commitment", and "transmitting utility" in Subsec.
(1) and to add referrals to "attach", "construction mortgage", "fixture", "fixture filing" and "United States" in Subsec. (2);
P.A. 79-435 specified "certificated" securities in definition of "instrument"; P.A. 85-246 deleted reference to street railway
or trolley bus business in Subsec. (1); P.A. 96-198 amended Subsec. (3) to add "Letter of credit. Section 42a-5-102." and
"Proceeds of a letter of credit. Section 42a-5-114(a)."; P.A. 97-182 amended Subsec. (1) to redefine "goods" to exclude
"investment property" and redefine "instrument" to delete from the meaning "a certificated security, as defined in section
42a-8-102" and specify that the term does not include investment property, amended Subsec. (2) to add referrals for
"commodity contract", "commodity customer", "commodity intermediary", "control" and "investment property" and
amended Subsec. (3) to add referrals for "broker", "certificated security", "clearing corporation", "control", "delivery",
"entitlement holder", "financial asset", "securities intermediary", "security", "security certificate", "security entitlement"
and "uncertificated security"; P.A. 01-132 replaced former provisions re definitions and index of definitions with provisions
re when a secured party has control of electronic chattel paper.