47-7-106 - Control of electronic document of title.

47-7-106. Control of electronic document of title.

(a)  A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred.

(b)  A system satisfies subsection (a), and a person is deemed to have control of an electronic document of title, if the document is created, stored, and assigned in such a manner that:

     (1)  A single authoritative copy of the document exists which is unique, identifiable, and, except as otherwise provided in subdivisions (b)(4), (5), and (6), unalterable;

     (2)  The authoritative copy identifies the person asserting control as:

          (A)  The person to which the document was issued; or

          (B)  If the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred;

     (3)  The authoritative copy is communicated to and maintained by the person asserting control 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 person asserting control;

     (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.

[Acts 2008, ch. 814, § 1.]