{"data":{"id":"us-nh/rsa-382-a-9-105","jurisdiction":"us-nh","citation":"RSA 382-A:9-105","heading":"Control of Electronic Copy of Record Evidencing Chattel Paper.","body":"(a) General rule: control of electronic copy of record evidencing chattel paper. A purchaser has control of each 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.\n(b) Single authoritative copy. A system satisfies subsection (a) if the record or records evidencing the chattel paper are created, stored, and assigned in such a manner that:\n(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), unalterable;\n(2) the authoritative copy identifies the purchaser as the assignee of the record or records;\n(3) the authoritative copy is communicated to and maintained by the purchaser or its designated custodian;\n(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;\n(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\n(6) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.\n(c) One or more authoritative copies. A system satisfies subsection (a) 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:\n(1) enables the person readily to identify each electronic copy as an authoritative copy or nonauthoritative copy;\n(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 each authoritative electronic copy; and\n(3) gives the purchaser exclusive power, subject to subsection (d), to:\n(A) prevent others from adding or changing an identified assignee of each authoritative electronic copy; and\n(B) transfer control of each authoritative electronic copy;\n(d) Meaning of exclusive. Subject to subsection (e), a power is exclusive under subsection (c)(3)(A) and (B) even if:\n(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\n(2) the power is shared with another person.\n(e) When power not shared with another person. A power of purchaser is not shared with another person under subsection (d)(2) and the purchasers power is not exclusive if:\n(1) the purchaser can exercise the power only if the power is also exercised by the other person; and\n(2) the other person:\n(A) can exercise the power without exercise of the power by the purchaser; or\n(B) is the transferor to the purchaser of an interest in the chattel paper.\n(f) Presumption of exclusivity of certain powers. If a purchaser has the powers specified in subsection (c)(3)(A) and (B), the powers are presumed to be exclusive.\n(g) Obtaining control through another person. 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:\n(1) has control of the authoritative electronic copy and acknowledges that it has control on behalf of the purchaser; or\n(2) obtains control of the authoritative electronic copy and acknowledges that it has control on behalf of the purchaser; or\n(3) obtains control of the authoritative electronic copy after having acknowledged that it will obtain control of the electronic copy on behalf of the purchaser.","path":["Title XXXIV-A: UNIFORM COMMERCIAL CODE","Chapter Part 1: General Provisions"],"source_url":"https://gc.nh.gov/rsa/html/XXXIV-A/382-A/382-A-9-105.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T15:43:59Z","sha256":"4c3a0ad9c70818cd2a48c669c74ce246e5174ee83859dd0b5423cb2f16ba4f67","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-382-a-9-104","next":"us-nh/rsa-382-a-9-105a"},"notice":"GroundRules: Original legal text. Not legal advice."}
