Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 80. Uniform Electronic Transactions Act
- Section 130. Transferable Records.
previous: Section 120
. Time and Place of Sending and Receipt.
next: Section 140
. Creation and Retention of Electronic Records and Conversion of Written Records By Governmental Agencies.
AS 09.80.130. Transferable Records.
- (a) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the
transferable record reliably establishes that person as the person to whom the transferable record was issued or
- (b) A system satisfies (a) of this section, and a person is considered to have control of a transferable record, if the
transferable record is created, stored, and assigned in such a manner that
- (1) a single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise
provided in (4) - (6) of this subsection, unalterable;
- (2) the authoritative copy identifies the person asserting control as the person to whom the transferable record was
- (A) issued; or
- (B) most recently transferred if the authoritative copy indicates that the transferable record has been transferred;
- (3) the authoritative copy is communicated to and maintained by the person asserting control or the person's designated
- (4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the
consent of the person asserting control;
- (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 authorized or unauthorized.
- (c) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in AS 45.01.201
, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under
the Uniform Commercial Code, including, if the applicable statutory requirements under AS 45.03.302(a), AS 45.07.501
, or AS 45.29.308
are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has
been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or
exercise any of the rights under this subsection.
- (d) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent
obligor under equivalent records or writings under the Uniform Commercial Code.
- (e) If requested by a person against whom enforcement is sought, the person seeking to enforce the transferable record
shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to
the authoritative copy of the transferable record and related business records sufficient to review the terms of the
transferable record and to establish the identity of the person having control of the transferable record.
- (f) In this section, "transferable record" means an electronic record that
- (1) would be a note under AS 45.03 or a document under AS 45.07 if the electronic record were in writing; and
- (2) the issuer of the electronic record expressly has agreed is a transferable record.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.