RCW 62A.9A-105
Control of electronic chattel paper.
(Effective until July 1, 2013.)
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 subsections (4), (5), and (6) of this section,
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 revisions that add or change an identified
assignee of the authoritative copy can be made only with the
participation 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 revision of the authoritative copy is readily
identifiable as an authorized or unauthorized revision.
[2001 c 32 § 18; 2000 c 250 § 9A-105.]
NOTES:
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .
RCW 62A.9A-105
Control of electronic chattel paper.
(Effective July 1, 2013.)
(a) 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.
(b) Specific facts giving control. A system satisfies
subsection (a) of this section 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 (4), (5), and (6) of this subsection, 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.
[2011 c 74 § 102; 2001 c 32 § 18; 2000 c 250 § 9A-105.]
NOTES:
Application -- Correction of references -- Effective date -- 2011 c 74: See notes following RCW 62A.9A-102.
Effective date -- 2001 c 32: See note following RCW62A.9A-102 .