Okla. Stat. tit. 12A, § 12A-12-105
This is the official text of Okla. Stat. tit. 12A, § 12A-12-105, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Control of controllable electronic record
Official statutory text
CONTROL OF CONTROLLABLE ELECTRONIC RECORD
(a) A person has control of a controllable electronic record if
the electronic record, a record attached to or logically associated
with the electronic record, or a system in which the electronic
record is recorded:
(1) gives the person:
(A) power to avail itself of substantially all the benefit
from the electronic record; and
(B) exclusive power, subject to subsection (b) of this
section, to:
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 466
(i) prevent others from availing themselves of
substantially all the benefit from the electronic
record; and
(ii) transfer control of the electronic record to
another person or cause another person to obtain
control of another controllable electronic record
as a result of the transfer of the electronic
record; and
(2) enables the person readily to identify itself in any way,
including by name, identifying number, cryptographic key, office, or
account number, as having the powers specified in paragraph (1) of
this subsection.
(b) Subject to subsection (c) of this section, a power is
exclusive under divisions (i) and (ii) of subparagraph (B) of
paragraph (1) of subsection (a) of this section even if:
(1) the controllable electronic record, a record attached to or
logically associated with the electronic record, or a system in
which the electronic record is recorded limits the use of the
electronic record or has a protocol programmed to cause a change,
including a transfer or loss of control or a modification of
benefits afforded by the electronic record; or
(2) the power is shared with another person.
(c) A power of a person is not shared with another person under
paragraph (2) of subsection (b) of this section and the person's
power is not exclusive if:
(1) the person 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 person; or
(B) is the transferor to the person of an interest in the
controllable electronic record or a controllable
account or controllable payment intangible evidenced
by the controllable electronic record.
(d) If a person has the powers specified in divisions (i) and
(ii) of subparagraph (B) of paragraph (1) of subsection (a) of this
section, the powers are presumed to be exclusive.
(e) A person has control of a controllable electronic record if
another person, other than the transferor to the person of an
interest in the controllable electronic record or a controllable
account or controllable payment intangible evidenced by the
controllable electronic record:
(1) has control of the electronic record and acknowledges that
it has control on behalf of the person; or
(2) obtains control of the electronic record after having
acknowledged that it will obtain control of the electronic record on
behalf of the person.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 467
(f) A person that has control under this section is not
required to acknowledge that it has control on behalf of another
person.
(g) If a person acknowledges that it has or will obtain control
on behalf of another person, unless the person otherwise agrees or
law other than this article or Article 9 of this title otherwise
provides, the person does not owe any duty to the other person and
is not required to confirm the acknowledgment to any other person.
(a) A person has control of a controllable electronic record if
the electronic record, a record attached to or logically associated
with the electronic record, or a system in which the electronic
record is recorded:
(1) gives the person:
(A) power to avail itself of substantially all the benefit
from the electronic record; and
(B) exclusive power, subject to subsection (b) of this
section, to:
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 466
(i) prevent others from availing themselves of
substantially all the benefit from the electronic
record; and
(ii) transfer control of the electronic record to
another person or cause another person to obtain
control of another controllable electronic record
as a result of the transfer of the electronic
record; and
(2) enables the person readily to identify itself in any way,
including by name, identifying number, cryptographic key, office, or
account number, as having the powers specified in paragraph (1) of
this subsection.
(b) Subject to subsection (c) of this section, a power is
exclusive under divisions (i) and (ii) of subparagraph (B) of
paragraph (1) of subsection (a) of this section even if:
(1) the controllable electronic record, a record attached to or
logically associated with the electronic record, or a system in
which the electronic record is recorded limits the use of the
electronic record or has a protocol programmed to cause a change,
including a transfer or loss of control or a modification of
benefits afforded by the electronic record; or
(2) the power is shared with another person.
(c) A power of a person is not shared with another person under
paragraph (2) of subsection (b) of this section and the person's
power is not exclusive if:
(1) the person 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 person; or
(B) is the transferor to the person of an interest in the
controllable electronic record or a controllable
account or controllable payment intangible evidenced
by the controllable electronic record.
(d) If a person has the powers specified in divisions (i) and
(ii) of subparagraph (B) of paragraph (1) of subsection (a) of this
section, the powers are presumed to be exclusive.
(e) A person has control of a controllable electronic record if
another person, other than the transferor to the person of an
interest in the controllable electronic record or a controllable
account or controllable payment intangible evidenced by the
controllable electronic record:
(1) has control of the electronic record and acknowledges that
it has control on behalf of the person; or
(2) obtains control of the electronic record after having
acknowledged that it will obtain control of the electronic record on
behalf of the person.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 467
(f) A person that has control under this section is not
required to acknowledge that it has control on behalf of another
person.
(g) If a person acknowledges that it has or will obtain control
on behalf of another person, unless the person otherwise agrees or
law other than this article or Article 9 of this title otherwise
provides, the person does not owe any duty to the other person and
is not required to confirm the acknowledgment to any other person.
Status: in_force · Read it on the official government site
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