Okla. Stat. tit. 12A, § 12A-7-106
This is the official text of Okla. Stat. tit. 12A, § 12A-7-106, 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 electronic document of title
Official statutory text
Control of Electronic Document of Title.
(a) A person has control of an electronic document of title if
a system employed for evidencing the transfer of interests in the
electronic document reliably establishes that person as the person
to which the electronic document was issued or transferred.
(b) A system satisfies subsection (a) of this section, and a
person has control of an electronic document of title, if the
document is created, stored, and transferred in a manner that:
(1) a single authoritative copy of the document exists which
is unique, identifiable, and, except as otherwise provided in
paragraphs (4), (5), and (6) of this subsection, unalterable;
(2) the authoritative copy identifies the person asserting
control as:
(A) the person to which the document was issued; or
(B) if the authoritative copy indicates that the document
has been transferred, the person to which the document
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 amendments that add or change an identified
transferee 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
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 399
(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
person has control of an electronic document of title, if an
authoritative electronic copy of the document, a record attached to
or logically associated with the electronic copy, or a system in
which the electronic copy is recorded:
(1) enables the person readily to identify each electronic copy
as either an authoritative copy or a nonauthoritative copy;
(2) enables the person readily to identify itself in any way,
including by name, identifying number, cryptographic key, office, or
account number, as the person to which each authoritative electronic
copy was issued or transferred; and
(3) gives the person exclusive power, subject to subsection (d)
of this section, to:
(A) prevent others from adding or changing the person to
which each authoritative electronic copy has been
issued or transferred; and
(B) transfer control of each authoritative electronic
copy.
(d) Subject to subsection (e) of this section, a power is
exclusive under subparagraphs (A) and (B) of paragraph (3) of
subsection (c) 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 document of title or has a protocol that is
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 person is not shared with another person under
paragraph (2) of subsection (d) 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
document of title.
(f) If a person has the powers specified in subparagraphs (A)
and (B) of paragraph (3) of subsection (c) of this section, the
powers are presumed to be exclusive.
f 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
document of title.
(f) If a person has the powers specified in subparagraphs (A)
and (B) of paragraph (3) of subsection (c) of this section, the
powers are presumed to be exclusive.
(g) A person has control of an electronic document of title if
another person, other than the transferor to the person of an
interest in the document:
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 400
(1) has control of the document and acknowledges that it has
control on behalf of the person; or
(2) obtains control of the document after having acknowledged
that it will obtain control of the document on behalf of the person.
(h) A person that has control under this section is not
required to acknowledge that it has control on behalf of another
person.
(i) 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 an electronic document of title if
a system employed for evidencing the transfer of interests in the
electronic document reliably establishes that person as the person
to which the electronic document was issued or transferred.
(b) A system satisfies subsection (a) of this section, and a
person has control of an electronic document of title, if the
document is created, stored, and transferred in a manner that:
(1) a single authoritative copy of the document exists which
is unique, identifiable, and, except as otherwise provided in
paragraphs (4), (5), and (6) of this subsection, unalterable;
(2) the authoritative copy identifies the person asserting
control as:
(A) the person to which the document was issued; or
(B) if the authoritative copy indicates that the document
has been transferred, the person to which the document
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 amendments that add or change an identified
transferee 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
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 399
(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
person has control of an electronic document of title, if an
authoritative electronic copy of the document, a record attached to
or logically associated with the electronic copy, or a system in
which the electronic copy is recorded:
(1) enables the person readily to identify each electronic copy
as either an authoritative copy or a nonauthoritative copy;
(2) enables the person readily to identify itself in any way,
including by name, identifying number, cryptographic key, office, or
account number, as the person to which each authoritative electronic
copy was issued or transferred; and
(3) gives the person exclusive power, subject to subsection (d)
of this section, to:
(A) prevent others from adding or changing the person to
which each authoritative electronic copy has been
issued or transferred; and
(B) transfer control of each authoritative electronic
copy.
(d) Subject to subsection (e) of this section, a power is
exclusive under subparagraphs (A) and (B) of paragraph (3) of
subsection (c) 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 document of title or has a protocol that is
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 person is not shared with another person under
paragraph (2) of subsection (d) 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
document of title.
(f) If a person has the powers specified in subparagraphs (A)
and (B) of paragraph (3) of subsection (c) of this section, the
powers are presumed to be exclusive.
f 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
document of title.
(f) If a person has the powers specified in subparagraphs (A)
and (B) of paragraph (3) of subsection (c) of this section, the
powers are presumed to be exclusive.
(g) A person has control of an electronic document of title if
another person, other than the transferor to the person of an
interest in the document:
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 400
(1) has control of the document and acknowledges that it has
control on behalf of the person; or
(2) obtains control of the document after having acknowledged
that it will obtain control of the document on behalf of the person.
(h) A person that has control under this section is not
required to acknowledge that it has control on behalf of another
person.
(i) 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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