D.C. Code § 28:9-105: Control of electronic copy of record evidencing chattel paper.
Where this section sits in the code
- Title 28. Commercial Instruments and Transactions. [Enacted title]
- Subtitle I. Uniform Commercial Code.
- Article 9. Secured Transactions.
- Part I. General Provisions.
- 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