{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-12-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-12-105","heading":"Control of controllable electronic record","body":"CONTROL OF CONTROLLABLE ELECTRONIC RECORD\n\n(a) A person has control of a controllable electronic record if\n\nthe electronic record, a record attached to or logically associated\n\nwith the electronic record, or a system in which the electronic\n\nrecord is recorded:\n\n(1) gives the person:\n\n(A) power to avail itself of substantially all the benefit\n\nfrom the electronic record; and\n\n(B) exclusive power, subject to subsection (b) of this\n\nsection, to:\n\n(i) prevent others from availing themselves of\n\nsubstantially all the benefit from the electronic\n\nrecord; and\n\n(ii) transfer control of the electronic record to\n\nanother person or cause another person to obtain\n\ncontrol of another controllable electronic record\n\nas a result of the transfer of the electronic\n\nrecord; and\n\n(2) enables the person readily to identify itself in any way,\n\nincluding by name, identifying number, cryptographic key, office, or\n\naccount number, as having the powers specified in paragraph (1) of\n\nthis subsection.\n\n(b) Subject to subsection (c) of this section, a power is\n\nexclusive under divisions (i) and (ii) of subparagraph (B) of\n\nparagraph (1) of subsection (a) of this section even if:\n\n(1) the controllable electronic record, a record attached to or\n\nlogically associated with the electronic record, or a system in\n\nwhich the electronic record is recorded limits the use of the\n\nelectronic record or has a protocol programmed to cause a change,\n\nincluding a transfer or loss of control or a modification of\n\nbenefits afforded by the electronic record; or\n\n(2) the power is shared with another person.\n\n(c) A power of a person is not shared with another person under\n\nparagraph (2) of subsection (b) of this section and the person's\n\npower is not exclusive if:\n\n(1) the person can exercise the power only if the power also is\n\nexercised by the other person; and\n\n(2) the other person:\n\n(A) can exercise the power without exercise of the power\n\nby the person; or\n\n(B) is the transferor to the person of an interest in the\n\ncontrollable electronic record or a controllable\n\naccount or controllable payment intangible evidenced\n\nby the controllable electronic record.\n\n(d) If a person has the powers specified in divisions (i) and\n\n(ii) of subparagraph (B) of paragraph (1) of subsection (a) of this\n\nsection, the powers are presumed to be exclusive.\n\n(e) A person has control of a controllable electronic record if\n\nanother person, other than the transferor to the person of an\n\ninterest in the controllable electronic record or a controllable\n\naccount or controllable payment intangible evidenced by the\n\ncontrollable electronic record:\n\n(1) has control of the electronic record and acknowledges that\n\nit has control on behalf of the person; or\n\n(2) obtains control of the electronic record after having\n\nacknowledged that it will obtain control of the electronic record on\n\nbehalf of the person.\n\n(f) A person that has control under this section is not\n\nrequired to acknowledge that it has control on behalf of another\n\nperson.\n\n(g) If a person acknowledges that it has or will obtain control\n\non behalf of another person, unless the person otherwise agrees or\n\nlaw other than this article or Article 9 of this title otherwise\n\nprovides, the person does not owe any duty to the other person and\n\nis not required to confirm the acknowledgment to any other person.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0cfc0031b8185c5e0263078d202b966fc1143016684ff80bd421af52bb5ba80c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-12-104","next":"us-ok/okla.-stat.-tit.-12a-12a-12-106"},"notice":"GroundRules: Original legal text. Not legal advice."}