{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.12-107.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.12-107.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.12-107.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.12-107.html"}],"law_id":70196,"edition_id":1,"section_id":70196,"structure_id":12822,"section_number":"8.12-107","catch_line":"Governing law","history":"2024, c. 652.","full_text":"a\n\nGoverning law: general rule. Except as provided in subsection (b), the local law of a controllable electronic record’s jurisdiction governs a matter covered by this article.b\n\nGoverning law: Section 8.12-106. For a controllable electronic record that evidences a controllable account or controllable payment intangible, the local law of the controllable electronic record’s jurisdiction governs a matter covered by Section 8.12-106 unless an effective agreement determines that the local law of another jurisdiction governs.c\n\nControllable electronic record’s jurisdiction. The following rules determine a controllable electronic record’s jurisdiction under this section:1\n\nIf the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this article or the Uniform Commercial Code, that jurisdiction is the controllable electronic record’s jurisdiction.2\n\nIf paragraph (1) does not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this title or the Uniform Commercial Code, that jurisdiction is the controllable electronic record’s jurisdiction.3\n\nIf paragraphs (1) and (2) do not apply and the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that the controllable electronic record is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction.4\n\nIf paragraphs (1), (2), and (3) do not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that the controllable electronic record or the system is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction.5\n\nIf paragraphs (1) through (4) do not apply, the controllable electronic record’s jurisdiction is the District of Columbia.d\n\nApplicability of Title 8.12. If subsection (c)(5) applies and Title 8.12 is not in effect in the District of Columbia without material modification, the governing law for a matter covered by this article is the law of the District of Columbia as though Title 8.12 were in effect in the District of Columbia without material modification. In this subsection, “Title 8.12″ means Article 12 of Uniform Commercial Code Amendments (2022).e\n\nRelation of matter or transaction to controllable electronic record’s jurisdiction not necessary. To the extent subsections (a) and (b) provide that the local law of the controllable electronic record’s jurisdiction governs a matter covered by this article, that law governs even if the matter or a transaction to which the matter relates does not bear any relation to the controllable electronic record’s jurisdiction.f\n\nRights of purchasers determined at time of purchase. The rights acquired under Section 8.12-104 by a purchaser or qualifying purchaser are governed by the law applicable under this section at the time of purchase.","order_by":null,"text":{"0":{"id":253485,"text":"Governing law: general rule. Except as provided in subsection (b), the local law of a controllable electronic record’s jurisdiction governs a matter covered by this article.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":253486,"text":"Governing law: Section 8.12-106. For a controllable electronic record that evidences a controllable account or controllable payment intangible, the local law of the controllable electronic record’s jurisdiction governs a matter covered by Section 8.12-106 unless an effective agreement determines that the local law of another jurisdiction governs.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":253487,"text":"Controllable electronic record’s jurisdiction. The following rules determine a controllable electronic record’s jurisdiction under this section:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"3":{"id":253488,"text":"If the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this article or the Uniform Commercial Code, that jurisdiction is the controllable electronic record’s jurisdiction.","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"4":{"id":253489,"text":"If paragraph (1) does not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this title or the Uniform Commercial Code, that jurisdiction is the controllable electronic record’s jurisdiction.","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"5":{"id":253490,"text":"If paragraphs (1) and (2) do not apply and the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that the controllable electronic record is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction.","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"c4"},"6":{"id":253491,"text":"If paragraphs (1), (2), and (3) do not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that the controllable electronic record or the system is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction.","type":"section","prefixes":["c","4"],"prefix":"4","entire_prefix":"c4","prefix_anchor":"c4","level":2,"prior_prefix":"c3","next_prefix":"c5"},"7":{"id":253492,"text":"If paragraphs (1) through (4) do not apply, the controllable electronic record’s jurisdiction is the District of Columbia.","type":"section","prefixes":["c","5"],"prefix":"5","entire_prefix":"c5","prefix_anchor":"c5","level":2,"prior_prefix":"c4","next_prefix":"d"},"8":{"id":253493,"text":"Applicability of Title 8.12. If subsection (c)(5) applies and Title 8.12 is not in effect in the District of Columbia without material modification, the governing law for a matter covered by this article is the law of the District of Columbia as though Title 8.12 were in effect in the District of Columbia without material modification. In this subsection, “Title 8.12″ means Article 12 of Uniform Commercial Code Amendments (2022).","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c5","next_prefix":"e"},"9":{"id":253494,"text":"Relation of matter or transaction to controllable electronic record’s jurisdiction not necessary. To the extent subsections (a) and (b) provide that the local law of the controllable electronic record’s jurisdiction governs a matter covered by this article, that law governs even if the matter or a transaction to which the matter relates does not bear any relation to the controllable electronic record’s jurisdiction.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"10":{"id":253495,"text":"Rights of purchasers determined at time of purchase. The rights acquired under Section 8.12-104 by a purchaser or qualifying purchaser are governed by the law applicable under this section at the time of purchase.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e"}},"ancestry":[{"id":12822,"edition_id":1,"name":"Controllable Electronic Records","identifier":"8.12","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":281747,"object_type":"structure","relational_id":12822,"identifier":"8.12","token":"8.12","url":"\/8.12\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80508,"structure_id":12822,"section_number":"8.12-101","catch_line":"Title","url":"\/8.12-101\/","token":"8.12\/8.12-101","metadata":false},{"id":67134,"structure_id":12822,"section_number":"8.12-102","catch_line":"Definitions","url":"\/8.12-102\/","token":"8.12\/8.12-102","metadata":false},{"id":72693,"structure_id":12822,"section_number":"8.12-103","catch_line":"Relation to Article 9 and consumer laws","url":"\/8.12-103\/","token":"8.12\/8.12-103","metadata":{"court_decisions":""}},{"id":70284,"structure_id":12822,"section_number":"8.12-104","catch_line":"Rights in controllable account, controllable electronic record, and controllable payment intangible.","url":"\/8.12-104\/","token":"8.12\/8.12-104","metadata":{"court_decisions":""}},{"id":53978,"structure_id":12822,"section_number":"8.12-105","catch_line":"Control of controllable electronic record","url":"\/8.12-105\/","token":"8.12\/8.12-105","metadata":false},{"id":56311,"structure_id":12822,"section_number":"8.12-106","catch_line":"Discharge of account debtor on controllable account or controllable payment intangible","url":"\/8.12-106\/","token":"8.12\/8.12-106","metadata":false},{"id":70196,"structure_id":12822,"section_number":"8.12-107","catch_line":"Governing law","url":"\/8.12-107\/","token":"8.12\/8.12-107","metadata":{"court_decisions":""}}],"previous_section":{"id":56311,"structure_id":12822,"section_number":"8.12-106","catch_line":"Discharge of account debtor on controllable account or controllable payment intangible","url":"\/8.12-106\/","token":"8.12\/8.12-106","metadata":false},"metadata":{"court_decisions":""},"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.12-107\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 652<\/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.<\/p>","references":[{"id":58892,"section_number":"8.1A-301","catch_line":"Territorial applicability; parties' power to choose applicable law","order_by":null,"url":"\/8.1A-301\/"},{"id":54882,"section_number":"8.9A-306.2","catch_line":"Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles","order_by":null,"url":"\/8.9A-306.2\/"}],"refers_to":[{"id":70284,"section_number":"8.12-104","catch_line":"Rights in controllable account, controllable electronic record, and controllable payment intangible.","order_by":null,"url":"\/8.12-104\/"},{"id":56311,"section_number":"8.12-106","catch_line":"Discharge of account debtor on controllable account or controllable payment intangible","order_by":null,"url":"\/8.12-106\/"}],"permalink":{"id":281773,"object_type":"law","relational_id":70196,"identifier":"8.12-107","token":"8.12\/8.12-107","url":"\/8.12-107\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.12-107\/","token":"8.12\/8.12-107","dublin_core":{"Title":"Governing law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.12-107","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Governing law<\/span>: general rule. Except as provided in subsection (b), the local law<\/span> of a controllable electronic record’s jurisdiction<\/span> governs a matter covered by this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Governing law<\/span>: Section 8.12-106<\/a>. For a controllable electronic record that evidences<\/span> a controllable account or controllable payment intangible, the local law<\/span> of the controllable electronic record’s jurisdiction<\/span> governs a matter covered by Section 8.12-106<\/a> unless an effective agreement determines that the local law<\/span> of another jurisdiction<\/span> governs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Controllable electronic record’s jurisdiction<\/span>. The following rules determine a controllable electronic record’s jurisdiction<\/span> under this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that a particular jurisdiction<\/span> is the controllable electronic record’s jurisdiction<\/span> for purposes of this article or the Uniform Commercial Code, that jurisdiction<\/span> is the controllable electronic record’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If paragraph (1) does not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that a particular jurisdiction<\/span> is the controllable electronic record’s jurisdiction<\/span> for purposes of this title or the Uniform Commercial Code, that jurisdiction<\/span> is the controllable electronic record’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If paragraphs (1) and (2) do not apply and the controllable electronic record, or a record attached to or logically associated with the controllable electronic record and readily available for review, expressly provides that the controllable electronic record is governed by the law<\/span> of a particular jurisdiction<\/span>, that jurisdiction<\/span> is the controllable electronic record’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If paragraphs (1), (2), and (3) do not apply and the rules of the system in which the controllable electronic record is recorded are readily available for review and expressly provide that the controllable electronic record or the system is governed by the law<\/span> of a particular jurisdiction<\/span>, that jurisdiction<\/span> is the controllable electronic record’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If paragraphs (1) through (4) do not apply, the controllable electronic record’s jurisdiction<\/span> is the District of Columbia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Applicability of Title 8.12. If subsection (c)(5) applies and Title 8.12 is not in effect in the District of Columbia without material<\/span> modification, the governing law<\/span> for a matter covered by this article is the law<\/span> of the District of Columbia as though Title 8.12 were in effect in the District of Columbia without material<\/span> modification. In this subsection, “Title 8.12″ means Article 12 of Uniform Commercial Code Amendments (2022). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Relation of matter or transaction to controllable electronic record’s jurisdiction<\/span> not necessary. To the extent subsections (a) and (b) provide that the local law<\/span> of the controllable electronic record’s jurisdiction<\/span> governs a matter covered by this article, that law<\/span> governs even if the matter or a transaction to which the matter relates does not bear any relation to the controllable electronic record’s jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Rights of purchasers determined at time of purchase. The rights acquired under Section 8.12-104<\/a> by a purchaser or qualifying purchaser are governed by the law<\/span> applicable under this section at the time of purchase. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGOVERNING LAW (\u00a7 8.12-107)\n\na. Governing law: general rule. Except as provided in subsection (b), the local\nlaw of a controllable electronic record’s jurisdiction governs a matter\ncovered by this article.\n\nb. Governing law: Section 8.12-106. For a controllable electronic record that\nevidences a controllable account or controllable payment intangible, the local\nlaw of the controllable electronic record’s jurisdiction governs a matter\ncovered by Section 8.12-106 unless an effective agreement determines that the\nlocal law of another jurisdiction governs.\n\nc. Controllable electronic record’s jurisdiction. The following rules\ndetermine a controllable electronic record’s jurisdiction under this\nsection:\n\n 1. If the controllable electronic record, or a record attached to or logically\n associated with the controllable electronic record and readily available for\n review, expressly provides that a particular jurisdiction is the controllable\n electronic record’s jurisdiction for purposes of this article or the\n Uniform Commercial Code, that jurisdiction is the controllable electronic\n record’s jurisdiction.\n\n 2. If paragraph (1) does not apply and the rules of the system in which the\n controllable electronic record is recorded are readily available for review\n and expressly provide that a particular jurisdiction is the controllable\n electronic record’s jurisdiction for purposes of this title or the\n Uniform Commercial Code, that jurisdiction is the controllable electronic\n record’s jurisdiction.\n\n 3. If paragraphs (1) and (2) do not apply and the controllable electronic\n record, or a record attached to or logically associated with the controllable\n electronic record and readily available for review, expressly provides that\n the controllable electronic record is governed by the law of a particular\n jurisdiction, that jurisdiction is the controllable electronic record’s\n jurisdiction.\n\n 4. If paragraphs (1), (2), and (3) do not apply and the rules of the system in\n which the controllable electronic record is recorded are readily available for\n review and expressly provide that the controllable electronic record or the\n system is governed by the law of a particular jurisdiction, that jurisdiction\n is the controllable electronic record’s jurisdiction.\n\n 5. If paragraphs (1) through (4) do not apply, the controllable electronic\n record’s jurisdiction is the District of Columbia.\n\nd. Applicability of Title 8.12. If subsection (c)(5) applies and Title 8.12 is\nnot in effect in the District of Columbia without material modification, the\ngoverning law for a matter covered by this article is the law of the District of\nColumbia as though Title 8.12 were in effect in the District of Columbia without\nmaterial modification. In this subsection, “Title 8.12″ means\nArticle 12 of Uniform Commercial Code Amendments (2022).\n\ne. Relation of matter or transaction to controllable electronic record’s\njurisdiction not necessary. To the extent subsections (a) and (b) provide that\nthe local law of the controllable electronic record’s jurisdiction governs\na matter covered by this article, that law governs even if the matter or a\ntransaction to which the matter relates does not bear any relation to the\ncontrollable electronic record’s jurisdiction.\n\nf. Rights of purchasers determined at time of purchase. The rights acquired\nunder Section 8.12-104 by a purchaser or qualifying purchaser are governed by\nthe law applicable under this section at the time of purchase.\n\nHISTORY: 2024, c. 652.","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}}