- General rule; control of electronic chattel paper. A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
- Specific facts giving control. A system satisfies the provisions of subsection (a) of this Code section if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
- A single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this subsection, unalterable;
- The authoritative copy identifies the secured party as the assignee of the record or records;
- The authoritative copy is communicated to and maintained by the secured party or its designated custodian;
- Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the secured party;
- 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
- Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
History. Code 1981, § 11-9-105 , enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2013, p. 690, § 2/SB 185.