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District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 28:9-105: Control of electronic copy of record evidencing chattel paper.

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Where this section sits in the code
  1. Title 28. Commercial Instruments and Transactions. [Enacted title]
  2. Subtitle I. Uniform Commercial Code.
  3. Article 9. Secured Transactions.
  4. Part I. General Provisions.
  5. Subpart 1. Short Title, Definitions, and General Concepts.

(a)

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)

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) of this section, 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 that 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)

A system satisfies subsection (a) of this section, 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 non-authoritative 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) of this section, to:

(A)

Prevent others from adding or changing an identified assignee of the authoritative electronic copy; and

(B)

Transfer control of the authoritative electronic copy.

(d)

Subject to subsection (e) of this section, a power is exclusive under subsection (c)(3)(A) and (B) of this section 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)

A power of a purchaser is not shared with another person under subsection (d)(2) of this section 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:

(A)

Can exercise the power without exercise of the power by the purchaser; or

(B)

Is the transferor to the purchaser of an interest in the chattel paper.

(f)

If a purchaser has the powers specified in subsection (c)(3)(A) and (B) of this section, the powers are presumed to be exclusive.

(g)

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.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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