{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-494.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-494.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-494.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-494.html"}],"law_id":71683,"edition_id":1,"section_id":71683,"structure_id":13070,"section_number":"59.1-494","catch_line":"Transferable records","history":"2000, c. 995; 2001, c. 86; 2003, c. 353.","full_text":"a\n\nIn this section, “transferable record” means an electronic record that:1\n\nWould be a note under Title 8.3A or a document under Title 8.7 if the electronic record were in writing; and2\n\nThe issuer of the electronic record expressly has agreed is a transferable record.b\n\nA person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.c\n\nA system satisfies subsection (b), 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\n\nA single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6), unalterable;2\n\nThe authoritative copy identifies the person asserting control as:A\n\nThe person to which the transferable record was issued; orB\n\nIf the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;3\n\nThe authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;4\n\nCopies 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\n\nEach copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and6\n\nAny revision of the authoritative copy is readily identifiable as authorized or unauthorized.d\n\nExcept as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 8.1A-201 (21), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Titles 8.1A through 8.11, including, if the applicable statutory requirements under §§ 8.3A-302 (a), 8.7-501, or § 8.9A-330 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.e\n\nExcept as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Titles 8.1A through 8.11.f\n\nIf requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.","order_by":null,"text":{"0":{"id":258289,"text":"In this section, “transferable record” means an electronic record that:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":258290,"text":"Would be a note under Title 8.3A or a document under Title 8.7 if the electronic record were in writing; and","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":258291,"text":"The issuer of the electronic record expressly has agreed is a transferable record.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":258292,"text":"A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"c"},"4":{"id":258293,"text":"A system satisfies subsection (b), 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:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"5":{"id":258294,"text":"A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6), unalterable;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"6":{"id":258295,"text":"The authoritative copy identifies the person asserting control as:","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"A"},"7":{"id":258296,"text":"The person to which the transferable record was issued; or","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"c2","next_prefix":"B"},"8":{"id":258297,"text":"If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B3"},"9":{"id":258298,"text":"The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B","next_prefix":"B4"},"10":{"id":258299,"text":"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;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"11":{"id":258300,"text":"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","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"12":{"id":258301,"text":"Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"d"},"13":{"id":258302,"text":"Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 8.1A-201 (21), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Titles 8.1A through 8.11, including, if the applicable statutory requirements under §§ 8.3A-302 (a), 8.7-501, or § 8.9A-330 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"B6","next_prefix":"e"},"14":{"id":258303,"text":"Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Titles 8.1A through 8.11.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"15":{"id":258304,"text":"If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e"}},"ancestry":[{"id":13070,"edition_id":1,"name":"Uniform Electronic Transactions Act","identifier":"42.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":261803,"object_type":"structure","relational_id":13070,"identifier":"42.1","token":"59.1\/42.1","url":"\/59.1\/42.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60668,"structure_id":13070,"section_number":"59.1-479","catch_line":"Title","url":"\/59.1-479\/","token":"59.1\/42.1\/59.1-479","metadata":false},{"id":69066,"structure_id":13070,"section_number":"59.1-480","catch_line":"Definitions","url":"\/59.1-480\/","token":"59.1\/42.1\/59.1-480","metadata":false},{"id":55598,"structure_id":13070,"section_number":"59.1-481","catch_line":"Scope","url":"\/59.1-481\/","token":"59.1\/42.1\/59.1-481","metadata":false},{"id":78087,"structure_id":13070,"section_number":"59.1-482","catch_line":"Prospective application","url":"\/59.1-482\/","token":"59.1\/42.1\/59.1-482","metadata":false},{"id":66518,"structure_id":13070,"section_number":"59.1-483","catch_line":"Use of electronic records and electronic signatures; variation by agreement","url":"\/59.1-483\/","token":"59.1\/42.1\/59.1-483","metadata":false},{"id":71849,"structure_id":13070,"section_number":"59.1-484","catch_line":"Construction and application","url":"\/59.1-484\/","token":"59.1\/42.1\/59.1-484","metadata":false},{"id":66728,"structure_id":13070,"section_number":"59.1-485","catch_line":"Legal recognition of electronic records, electronic signatures, and electronic contracts","url":"\/59.1-485\/","token":"59.1\/42.1\/59.1-485","metadata":false},{"id":64043,"structure_id":13070,"section_number":"59.1-486","catch_line":"Provision of information in writing; presentation of records","url":"\/59.1-486\/","token":"59.1\/42.1\/59.1-486","metadata":false},{"id":61402,"structure_id":13070,"section_number":"59.1-487","catch_line":"Attribution and effect of electronic record and electronic signature","url":"\/59.1-487\/","token":"59.1\/42.1\/59.1-487","metadata":false},{"id":79682,"structure_id":13070,"section_number":"59.1-488","catch_line":"Effect of change or error","url":"\/59.1-488\/","token":"59.1\/42.1\/59.1-488","metadata":false},{"id":62569,"structure_id":13070,"section_number":"59.1-489","catch_line":"Notarization and acknowledgment","url":"\/59.1-489\/","token":"59.1\/42.1\/59.1-489","metadata":false},{"id":71153,"structure_id":13070,"section_number":"59.1-490","catch_line":"Retention of electronic record","url":"\/59.1-490\/","token":"59.1\/42.1\/59.1-490","metadata":false},{"id":64820,"structure_id":13070,"section_number":"59.1-491","catch_line":"Admissibility of evidence","url":"\/59.1-491\/","token":"59.1\/42.1\/59.1-491","metadata":false},{"id":54123,"structure_id":13070,"section_number":"59.1-492","catch_line":"Automated transactions","url":"\/59.1-492\/","token":"59.1\/42.1\/59.1-492","metadata":false},{"id":67829,"structure_id":13070,"section_number":"59.1-493","catch_line":"Time and place of sending and receipt","url":"\/59.1-493\/","token":"59.1\/42.1\/59.1-493","metadata":false},{"id":71683,"structure_id":13070,"section_number":"59.1-494","catch_line":"Transferable records","url":"\/59.1-494\/","token":"59.1\/42.1\/59.1-494","metadata":false},{"id":64263,"structure_id":13070,"section_number":"59.1-495","catch_line":"Creation and retention of electronic records and conversion of written records by public bodies of the Commonwealth","url":"\/59.1-495\/","token":"59.1\/42.1\/59.1-495","metadata":false},{"id":81914,"structure_id":13070,"section_number":"59.1-496","catch_line":"Acceptance and distribution of electronic records by public bodies; electronic filing of information permitted","url":"\/59.1-496\/","token":"59.1\/42.1\/59.1-496","metadata":false},{"id":85254,"structure_id":13070,"section_number":"59.1-497","catch_line":"Interoperability","url":"\/59.1-497\/","token":"59.1\/42.1\/59.1-497","metadata":false},{"id":79229,"structure_id":13070,"section_number":"59.1-498","catch_line":"Reserved","url":"\/59.1-498\/","token":"59.1\/42.1\/59.1-498","metadata":false}],"previous_section":{"id":67829,"structure_id":13070,"section_number":"59.1-493","catch_line":"Time and place of sending and receipt","url":"\/59.1-493\/","token":"59.1\/42.1\/59.1-493","metadata":false},"next_section":{"id":64263,"structure_id":13070,"section_number":"59.1-495","catch_line":"Creation and retention of electronic records and conversion of written records by public bodies of the Commonwealth","url":"\/59.1-495\/","token":"59.1\/42.1\/59.1-495","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-494\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 995<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 86<\/a>; in 2003, chapter 353<\/a>.<\/p>","references":[{"id":67134,"section_number":"8.12-102","catch_line":"Definitions","order_by":null,"url":"\/8.12-102\/"}],"refers_to":[{"id":78062,"section_number":"8.1A-201","catch_line":"General definitions","order_by":null,"url":"\/8.1A-201\/"},{"id":57239,"section_number":"8.3A-302","catch_line":"Holder in due course","order_by":null,"url":"\/8.3A-302\/"},{"id":83251,"section_number":"8.7-501","catch_line":"Form of negotiation and requirements of \"due negotiation\"","order_by":null,"url":"\/8.7-501\/"},{"id":62875,"section_number":"8.9A-330","catch_line":"Priority of purchaser of chattel paper or instrument","order_by":null,"url":"\/8.9A-330\/"}],"permalink":{"id":261865,"object_type":"law","relational_id":71683,"identifier":"59.1-494","token":"59.1\/42.1\/59.1-494","url":"\/59.1-494\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-494\/","token":"59.1\/42.1\/59.1-494","dublin_core":{"Title":"Transferable records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-494","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In this section, “transferable record<\/span>” means an electronic record<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Would be a note under Title 8.3A or a document under Title 8.7 if the electronic record<\/span> were in writing; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The issuer of the electronic record<\/span> expressly has agreed is a transferable record<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A person<\/span> has control of a transferable record<\/span> if a system employed for evidencing the transfer of interests in the transferable record<\/span> reliably establishes that person<\/span> as the person<\/span> to which the transferable record<\/span> was issued or transferred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> A system satisfies subsection (b), and a person<\/span> is deemed to have control of a transferable record<\/span>, if the transferable record<\/span> is created, stored, and assigned in such a manner that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A single authoritative copy of the transferable record<\/span> exists which is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6), unalterable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The authoritative copy identifies the person<\/span> asserting control as: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> The person<\/span> to which the transferable record<\/span> was issued; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the authoritative copy indicates that the transferable record<\/span> has been transferred, the person<\/span> to which the transferable record<\/span> was most recently transferred; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The authoritative copy is communicated to and maintained by the person<\/span> asserting control or its designated custodian; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person<\/span> asserting control; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any revision of the authoritative copy is readily identifiable as authorized or unauthorized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Except as otherwise agreed, a person<\/span> having control of a transferable record<\/span> is the holder, as defined in § 8.1A-201<\/a> (21), of the transferable record<\/span> and has the same rights and defenses as a holder of an equivalent record or writing under Titles 8.1A through 8.11, including, if the applicable statutory requirements under §§ 8.3A-302<\/a> (a), 8.7-501<\/a>, or § 8.9A-330<\/a> are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession<\/span>, and endorsement are not required to obtain or exercise any of the rights under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Except as otherwise agreed, an obligor under a transferable record<\/span> has the same rights and defenses as an equivalent obligor under equivalent records<\/span> or writings under Titles 8.1A through 8.11. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> If requested by a person<\/span> against which enforcement is sought, the person<\/span> seeking to enforce the transferable record<\/span> shall provide reasonable proof that the person<\/span> is in control of the transferable record<\/span>. Proof may include access to the authoritative copy of the transferable record<\/span> and related business records<\/span> sufficient to review the terms of the transferable record<\/span> and to establish the identity of the person<\/span> having control of the transferable record<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFERABLE RECORDS (\u00a7 59.1-494)\n\na. In this section, “transferable record” means an electronic record\nthat:\n\n 1. Would be a note under Title 8.3A or a document under Title 8.7 if the\n electronic record were in writing; and\n\n 2. The issuer of the electronic record expressly has agreed is a transferable\n record.\n\nb. A person has control of a transferable record if a system employed for\nevidencing the transfer of interests in the transferable record reliably\nestablishes that person as the person to which the transferable record was\nissued or transferred.\n\nc. A system satisfies subsection (b), and a person is deemed to have control of\na transferable record, if the transferable record is created, stored, and\nassigned in such a manner that:\n\n 1. A single authoritative copy of the transferable record exists which is\n unique, identifiable, and, except as otherwise provided in subdivisions (4),\n (5), and (6), unalterable;\n\n 2. The authoritative copy identifies the person asserting control as:\n\nA. The person to which the transferable record was issued; or\n\nB. If the authoritative copy indicates that the transferable record has been\ntransferred, the person to which the transferable record was most recently\ntransferred;\n\n 3. The authoritative copy is communicated to and maintained by the person\n asserting control or its designated custodian;\n\n 4. Copies or revisions that add or change an identified assignee of the\n authoritative copy can be made only with the consent of the person asserting\n control;\n\n 5. Each copy of the authoritative copy and any copy of a copy is readily\n identifiable as a copy that is not the authoritative copy; and\n\n 6. Any revision of the authoritative copy is readily identifiable as\n authorized or unauthorized.\n\nd. Except as otherwise agreed, a person having control of a transferable record\nis the holder, as defined in § 8.1A-201 (21), of the transferable record\nand has the same rights and defenses as a holder of an equivalent record or\nwriting under Titles 8.1A through 8.11, including, if the applicable statutory\nrequirements under §§ 8.3A-302 (a), 8.7-501, or § 8.9A-330 are\nsatisfied, the rights and defenses of a holder in due course, a holder to which\na negotiable document of title has been duly negotiated, or a purchaser,\nrespectively. Delivery, possession, and endorsement are not required to obtain\nor exercise any of the rights under this subsection.\n\ne. Except as otherwise agreed, an obligor under a transferable record has the\nsame rights and defenses as an equivalent obligor under equivalent records or\nwritings under Titles 8.1A through 8.11.\n\nf. If requested by a person against which enforcement is sought, the person\nseeking to enforce the transferable record shall provide reasonable proof that\nthe person is in control of the transferable record. Proof may include access to\nthe authoritative copy of the transferable record and related business records\nsufficient to review the terms of the transferable record and to establish the\nidentity of the person having control of the transferable record.\n\nHISTORY: 2000, c. 995; 2001, c. 86; 2003, c. 353.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}