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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 53-12-42: Requirements for creation, storage, and assignment of transferable record--Authoritative copy.

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Where this section sits in the code
  1. TITLE 53. CONTRACTS
  2. CHAPTER 53-12. ELECTRONIC TRANSACTIONS

A system satisfies § 53-12-41, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

(1) A single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6) of this section, unalterable;

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

(a) The person to which the transferable record was issued; or

(b) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record 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 revisions 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 revision of the authoritative copy is readily identifiable as authorized or unauthorized.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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