Hawaii Revised Statutes 490:7-106 Control of Electronic Document of Title.

§490:7-106 Control of electronic document of title. (a) 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.

(b) A system satisfies subsection (a), 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:

(1) A single authoritative copy of the document exists that is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;

(2) The authoritative copy identifies the person asserting control as:

(A) The person to which the document was issued; or

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

(3) The authoritative copy is communicated to and maintained by the person asserting control 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 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 amendment of the authoritative copy is readily identifiable as authorized or unauthorized. [L 2004, c 163, pt of §1]

Section: Previous  490-5-118  490-6-101-to-490-6-110  490-7-101-to-490-7-603  490-7-102  490-7-103  490-7-104  490-7-105  490-7-106  490-7-201  490-7-202  490-7-203  490-7-204  490-7-205  490-7-206  490-7-207  Next

Last modified: October 27, 2016