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N.D. Cent. Code § 41-07-06

(7-106) Control of electronic document of title

Showing this section's text as in effect on December 1, 2021 (in force December 1, 2021 – January 1, 2022). View current text →

(1) A person has control of an electronic document of title 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) A system satisfies subsection 1, and a person is deemed to have control of an electronic document of title, if the document is created, stored, and assigned in such a manner that: A single authoritative copy of the document exists which is unique, identifiable, and, except as otherwise provided in subdivisions d, e, and f, unalterable;

(3) The authoritative copy identifies the person asserting control as: The person to which the document was issued; or

(4) If the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred;

(5) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(6) Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(7) 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

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

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.