{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.7-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.7-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.7-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.7-106.html"}],"law_id":67103,"edition_id":1,"section_id":67103,"structure_id":16001,"section_number":"8.7-106","catch_line":"Control of electronic document","history":"2004, c. 200; 2024, c. 652.","full_text":"1\n\nA person has control of an electronic document 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.2\n\nA system satisfies subsection (1), and a person has control of an electronic document, if the document is created, stored, and transferred in such a manner that:a\n\na single authoritative copy of the document exists that is unique, identifiable, and, except as otherwise provided in subdivisions (c), (d), and (e), unalterable;b\n\nthe authoritative copy identifies the person asserting control as:i\n\nthe person to whom the document was issued; orii\n\nif the authoritative copy indicates that the document has been transferred, the person to whom the document was most recently transferred;c\n\nthe authoritative copy is communicated to and maintained by the person asserting control or his designated custodian;d\n\ncopies 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;e\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; andf\n\nany amendment of the authoritative copy is readily identifiable as authorized or unauthorized.3\n\nA system satisfies subsection (1), 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:a\n\nenables the person readily to identify each electronic copy as either an authoritative copy or a nonauthoritative copy;b\n\nenables 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; andc\n\ngives the person exclusive power, subject to subsection (4), to:i\n\nprevent others from adding or changing the person to which each authoritative electronic copy has been issued or transferred; andii\n\ntransfer control of each authoritative electronic copy.4\n\nSubject to subsection (5), a power is exclusive under subsection (3)(c)(i) and (ii) even if:a\n\nthe authoritative electronic copy, a record attached to or legally 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; orb\n\nthe power is shared with another person.5\n\nA power of a person is not shared with another person under subsection (4)(b) and the person’s power is not exclusive if:a\n\nthe person can exercise the power only if the power is also exercised by the other person; andb\n\nthe other person:i\n\ncan exercise the power without exercise of the power by the person; orii\n\nis the transferor to the person of an interest in the document of title.6\n\nIf a person has the powers specified in subsection (3)(c)(i) and (ii), the powers are presumed to be exclusive.7\n\nA 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:a\n\nhas control of the document and acknowledges that it has control on behalf of the person; orb\n\nobtains control of the document after having acknowledged that it will obtain control of the document on behalf of the person.8\n\nA person that has control under this section is not required to acknowledge that it has control on behalf of another person.9\n\nIf 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 title or Title 8.9 otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgement to any other person.","order_by":null,"text":{"0":{"id":243162,"text":"A person has control of an electronic document 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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":243163,"text":"A system satisfies subsection (1), and a person has control of an electronic document, if the document is created, stored, and transferred in such a manner that:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2a"},"2":{"id":243164,"text":"a single authoritative copy of the document exists that is unique, identifiable, and, except as otherwise provided in subdivisions (c), (d), and (e), unalterable;","type":"section","prefixes":["2","a"],"prefix":"a","entire_prefix":"2a","prefix_anchor":"2a","level":2,"prior_prefix":"2","next_prefix":"2b"},"3":{"id":243165,"text":"the authoritative copy identifies the person asserting control as:","type":"section","prefixes":["2","b"],"prefix":"b","entire_prefix":"2b","prefix_anchor":"2b","level":2,"prior_prefix":"2a","next_prefix":"2i"},"4":{"id":243166,"text":"the person to whom the document was issued; or","type":"section","prefixes":["2","i"],"prefix":"i","entire_prefix":"2i","prefix_anchor":"2i","level":2,"prior_prefix":"2b","next_prefix":"2iii"},"5":{"id":243167,"text":"if the authoritative copy indicates that the document has been transferred, the person to whom the document was most recently transferred;","type":"section","prefixes":["2","i","ii"],"prefix":"ii","entire_prefix":"2iii","prefix_anchor":"2iii","level":3,"prior_prefix":"2i","next_prefix":"2c"},"6":{"id":243168,"text":"the authoritative copy is communicated to and maintained by the person asserting control or his designated custodian;","type":"section","prefixes":["2","c"],"prefix":"c","entire_prefix":"2c","prefix_anchor":"2c","level":2,"prior_prefix":"2iii","next_prefix":"2d"},"7":{"id":243169,"text":"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;","type":"section","prefixes":["2","d"],"prefix":"d","entire_prefix":"2d","prefix_anchor":"2d","level":2,"prior_prefix":"2c","next_prefix":"2e"},"8":{"id":243170,"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":["2","e"],"prefix":"e","entire_prefix":"2e","prefix_anchor":"2e","level":2,"prior_prefix":"2d","next_prefix":"2f"},"9":{"id":243171,"text":"any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.","type":"section","prefixes":["2","f"],"prefix":"f","entire_prefix":"2f","prefix_anchor":"2f","level":2,"prior_prefix":"2e","next_prefix":"3"},"10":{"id":243172,"text":"A system satisfies subsection (1), 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:","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2f","next_prefix":"3a"},"11":{"id":243173,"text":"enables the person readily to identify each electronic copy as either an authoritative copy or a nonauthoritative copy;","type":"section","prefixes":["3","a"],"prefix":"a","entire_prefix":"3a","prefix_anchor":"3a","level":2,"prior_prefix":"3","next_prefix":"3b"},"12":{"id":243174,"text":"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","type":"section","prefixes":["3","b"],"prefix":"b","entire_prefix":"3b","prefix_anchor":"3b","level":2,"prior_prefix":"3a","next_prefix":"3c"},"13":{"id":243175,"text":"gives the person exclusive power, subject to subsection (4), to:","type":"section","prefixes":["3","c"],"prefix":"c","entire_prefix":"3c","prefix_anchor":"3c","level":2,"prior_prefix":"3b","next_prefix":"3i"},"14":{"id":243176,"text":"prevent others from adding or changing the person to which each authoritative electronic copy has been issued or transferred; and","type":"section","prefixes":["3","i"],"prefix":"i","entire_prefix":"3i","prefix_anchor":"3i","level":2,"prior_prefix":"3c","next_prefix":"3iii"},"15":{"id":243177,"text":"transfer control of each authoritative electronic copy.","type":"section","prefixes":["3","i","ii"],"prefix":"ii","entire_prefix":"3iii","prefix_anchor":"3iii","level":3,"prior_prefix":"3i","next_prefix":"4"},"16":{"id":243178,"text":"Subject to subsection (5), a power is exclusive under subsection (3)(c)(i) and (ii) even if:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3iii","next_prefix":"4a"},"17":{"id":243179,"text":"the authoritative electronic copy, a record attached to or legally 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","type":"section","prefixes":["4","a"],"prefix":"a","entire_prefix":"4a","prefix_anchor":"4a","level":2,"prior_prefix":"4","next_prefix":"4b"},"18":{"id":243180,"text":"the power is shared with another person.","type":"section","prefixes":["4","b"],"prefix":"b","entire_prefix":"4b","prefix_anchor":"4b","level":2,"prior_prefix":"4a","next_prefix":"5"},"19":{"id":243181,"text":"A power of a person is not shared with another person under subsection (4)(b) and the person’s power is not exclusive if:","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4b","next_prefix":"5a"},"20":{"id":243182,"text":"the person can exercise the power only if the power is also exercised by the other person; and","type":"section","prefixes":["5","a"],"prefix":"a","entire_prefix":"5a","prefix_anchor":"5a","level":2,"prior_prefix":"5","next_prefix":"5b"},"21":{"id":243183,"text":"the other person:","type":"section","prefixes":["5","b"],"prefix":"b","entire_prefix":"5b","prefix_anchor":"5b","level":2,"prior_prefix":"5a","next_prefix":"5i"},"22":{"id":243184,"text":"can exercise the power without exercise of the power by the person; or","type":"section","prefixes":["5","i"],"prefix":"i","entire_prefix":"5i","prefix_anchor":"5i","level":2,"prior_prefix":"5b","next_prefix":"5iii"},"23":{"id":243185,"text":"is the transferor to the person of an interest in the document of title.","type":"section","prefixes":["5","i","ii"],"prefix":"ii","entire_prefix":"5iii","prefix_anchor":"5iii","level":3,"prior_prefix":"5i","next_prefix":"6"},"24":{"id":243186,"text":"If a person has the powers specified in subsection (3)(c)(i) and (ii), the powers are presumed to be exclusive.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5iii","next_prefix":"7"},"25":{"id":243187,"text":"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:","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"7a"},"26":{"id":243188,"text":"has control of the document and acknowledges that it has control on behalf of the person; or","type":"section","prefixes":["7","a"],"prefix":"a","entire_prefix":"7a","prefix_anchor":"7a","level":2,"prior_prefix":"7","next_prefix":"7b"},"27":{"id":243189,"text":"obtains control of the document after having acknowledged that it will obtain control of the document on behalf of the person.","type":"section","prefixes":["7","b"],"prefix":"b","entire_prefix":"7b","prefix_anchor":"7b","level":2,"prior_prefix":"7a","next_prefix":"8"},"28":{"id":243190,"text":"A person that has control under this section is not required to acknowledge that it has control on behalf of another person.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7b","next_prefix":"9"},"29":{"id":243191,"text":"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 title or Title 8.9 otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgement to any other person.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":16001,"edition_id":1,"name":"General","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":13810,"metadata":{},"date_created":"2026-06-26 04:03:37","date_modified":"2026-06-26 04:03:37","permalink":{"id":283431,"object_type":"structure","relational_id":16001,"identifier":"1","token":"8.7\/1","url":"\/8.7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13810,"edition_id":1,"name":"Commercial Code \u2014 Warehouse Receipts, Bills of Lading and Other Documents of Title","identifier":"8.7","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:56","date_modified":"2026-06-26 03:45:56","permalink":{"id":283429,"object_type":"structure","relational_id":13810,"identifier":"8.7","token":"8.7","url":"\/8.7\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81306,"structure_id":16001,"section_number":"8.7-101","catch_line":"Short title","url":"\/8.7-101\/","token":"8.7\/1\/8.7-101","metadata":false},{"id":67942,"structure_id":16001,"section_number":"8.7-102","catch_line":"Definitions and index of definitions","url":"\/8.7-102\/","token":"8.7\/1\/8.7-102","metadata":false},{"id":78454,"structure_id":16001,"section_number":"8.7-103","catch_line":"Relation of title to treaty or statute","url":"\/8.7-103\/","token":"8.7\/1\/8.7-103","metadata":false},{"id":62546,"structure_id":16001,"section_number":"8.7-104","catch_line":"Negotiable and nonnegotiable documents","url":"\/8.7-104\/","token":"8.7\/1\/8.7-104","metadata":false},{"id":81227,"structure_id":16001,"section_number":"8.7-105","catch_line":"Repealed","url":"\/8.7-105\/","token":"8.7\/1\/8.7-105","metadata":false},{"id":73085,"structure_id":16001,"section_number":"8.7-105.1","catch_line":"Reissuance in alternative medium","url":"\/8.7-105.1\/","token":"8.7\/1\/8.7-105.1","metadata":false},{"id":67103,"structure_id":16001,"section_number":"8.7-106","catch_line":"Control of electronic document","url":"\/8.7-106\/","token":"8.7\/1\/8.7-106","metadata":false}],"previous_section":{"id":73085,"structure_id":16001,"section_number":"8.7-105.1","catch_line":"Reissuance in alternative medium","url":"\/8.7-105.1\/","token":"8.7\/1\/8.7-105.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.7-106\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 200<\/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 1 time. 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. That modification is as follows: in 2024, chapter 652<\/a>.<\/p>","references":[{"id":78062,"section_number":"8.1A-201","catch_line":"General definitions","order_by":null,"url":"\/8.1A-201\/"},{"id":73102,"section_number":"8.2-103","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.2-103\/"},{"id":73125,"section_number":"8.4-104","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.4-104\/"},{"id":58431,"section_number":"8.9A-102","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.9A-102\/"},{"id":74128,"section_number":"8.9A-203","catch_line":"Attachment and enforceability of security interest; proceeds, supporting obligations; formal requisites","order_by":null,"url":"\/8.9A-203\/"},{"id":62908,"section_number":"8.9A-207","catch_line":"Rights and duties of secured party having possession or control of collateral","order_by":null,"url":"\/8.9A-207\/"},{"id":64267,"section_number":"8.9A-208","catch_line":"Additional duties of secured party having control of collateral","order_by":null,"url":"\/8.9A-208\/"},{"id":85234,"section_number":"8.9A-314","catch_line":"Perfection by control","order_by":null,"url":"\/8.9A-314\/"},{"id":62358,"section_number":"8.9A-317","catch_line":"Interests that take priority over or take free of security interest or agricultural lien","order_by":null,"url":"\/8.9A-317\/"},{"id":87391,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","order_by":null,"url":"\/8.9A-601\/"}],"refers_to":false,"permalink":{"id":283457,"object_type":"law","relational_id":67103,"identifier":"8.7-106","token":"8.7\/1\/8.7-106","url":"\/8.7-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.7-106\/","token":"8.7\/1\/8.7-106","dublin_core":{"Title":"Control of electronic document","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.7-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> A person has control of an electronic document 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A system satisfies subsection (1), and a person has control of an electronic document, if the document is created, stored, and transferred in such a manner that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> a single authoritative copy of the document exists that is unique, identifiable, and, except as otherwise provided in subdivisions (c), (d), and (e), unalterable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

i.<\/span> the person to whom the document was issued; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> if the authoritative copy indicates that the document has been transferred, the person to whom the document was most recently transferred; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

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

e.<\/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

f.<\/span> any amendment of the authoritative copy is readily identifiable as authorized or unauthorized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A system satisfies subsection (1), 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> enables the person readily to identify each electronic copy as either an authoritative copy or a nonauthoritative copy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

c.<\/span> gives the person exclusive power, subject to subsection (4), to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> prevent others from adding or changing the person to which each authoritative electronic copy has been issued or transferred; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> transfer control of each authoritative electronic copy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Subject to subsection (5), a power is exclusive under subsection (3)(c)(i) and (ii) even if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> the authoritative electronic copy, a record attached to or legally 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> the power is shared with another person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A power of a person is not shared with another person under subsection (4)(b) and the person’s power is not exclusive if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> the person can exercise the power only if the power is also exercised by the other person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> the other person: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> can exercise the power without exercise of the power by the person; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> is the transferor to the person of an interest in the document of title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If a person has the powers specified in subsection (3)(c)(i) and (ii), the powers are presumed to be exclusive. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

a.<\/span> has control of the document and acknowledges that it has control on behalf of the person; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> obtains control of the document after having acknowledged that it will obtain control of the document on behalf of the person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A person that has control under this section is not required to acknowledge that it has control on behalf of another person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law<\/span> other than this title or Title 8.9 otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgement to any other person. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTROL OF ELECTRONIC DOCUMENT (\u00a7 8.7-106)\n\n1. A person has control of an electronic document if a system employed for\nevidencing the transfer of interests in the electronic document reliably\nestablishes that person as the person to which the electronic document was\nissued or transferred.\n\n2. A system satisfies subsection (1), and a person has control of an electronic\ndocument, if the document is created, stored, and transferred in such a manner\nthat:\n\n a. a single authoritative copy of the document exists that is unique,\n identifiable, and, except as otherwise provided in subdivisions (c), (d), and\n (e), unalterable;\n\n b. the authoritative copy identifies the person asserting control as:\n\n i. the person to whom the document was issued; or\n\n ii. if the authoritative copy indicates that the document has been\n transferred, the person to whom the document was most recently transferred;\n\n c. the authoritative copy is communicated to and maintained by the person\n asserting control or his designated custodian;\n\n d. copies or amendments that add or change an identified transferee of the\n authoritative copy can be made only with the consent of the person asserting\n control;\n\n e. 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 f. any amendment of the authoritative copy is readily identifiable as\n authorized or unauthorized.\n\n3. A system satisfies subsection (1), and a person has control of an electronic\ndocument of title, if an authoritative electronic copy of the document, a record\nattached to or logically associated with the electronic copy, or a system in\nwhich the electronic copy is recorded:\n\n a. enables the person readily to identify each electronic copy as either an\n authoritative copy or a nonauthoritative copy;\n\n b. enables the person readily to identify itself in any way, including by\n name, identifying number, cryptographic key, office, or account number, as the\n person to which each authoritative electronic copy was issued or transferred;\n and\n\n c. gives the person exclusive power, subject to subsection (4), to:\n\n i. prevent others from adding or changing the person to which each\n authoritative electronic copy has been issued or transferred; and\n\n ii. transfer control of each authoritative electronic copy.\n\n4. Subject to subsection (5), a power is exclusive under subsection (3)(c)(i)\nand (ii) even if:\n\n a. the authoritative electronic copy, a record attached to or legally\n associated with the authoritative electronic copy, or a system in which the\n authoritative electronic copy is recorded limits the use of the document of\n title or has a protocol that is programmed to cause a change, including a\n transfer or loss of control; or\n\n b. the power is shared with another person.\n\n5. A power of a person is not shared with another person under subsection (4)(b)\nand the person’s power is not exclusive if:\n\n a. the person can exercise the power only if the power is also exercised by\n the other person; and\n\n b. the other person:\n\n i. can exercise the power without exercise of the power by the person; or\n\n ii. is the transferor to the person of an interest in the document of title.\n\n6. If a person has the powers specified in subsection (3)(c)(i) and (ii), the\npowers are presumed to be exclusive.\n\n7. A person has control of an electronic document of title if another person,\nother than the transferor to the person of an interest in the document:\n\n a. has control of the document and acknowledges that it has control on behalf\n of the person; or\n\n b. obtains control of the document after having acknowledged that it will\n obtain control of the document on behalf of the person.\n\n8. A person that has control under this section is not required to acknowledge\nthat it has control on behalf of another person.\n\n9. If a person acknowledges that it has or will obtain control on behalf of\nanother person, unless the person otherwise agrees or law other than this title\nor Title 8.9 otherwise provides, the person does not owe any duty to the other\nperson and is not required to confirm the acknowledgement to any other person.\n\nHISTORY: 2004, c. 200; 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}}