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Home » US Law » 2022 South Dakota Codified Laws » Title 57A - Uniform Commercial Code » Chapter 09 - Secured Transactions » Section 57A-9-105 – Control of electronic chattel paper.

57A-9-105. Control of electronic chattel paper.

(a) 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.

(b) A system satisfies subsection (a) and a secured party has control of electronic chattel paper, if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:

(1)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), unalterable;

(2)The authoritative copy identifies the secured party as the assignee of the record or records;

(3)The authoritative copy is communicated to and maintained by the secured party or its designated custodian;

(4)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;

(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

(6)Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.

Source: SL 2000, ch 231; SL 2012, ch 238, §2, eff. July 1, 2013.