<?xml version='1.0' encoding='utf-8'?>
<section article="gcl" article_name="Commercial Law" number="21-115" title_number="21" title_name="The Maryland Uniform Electronic Transactions Act" subtitle_number="1">
  <level label="a">
    <text>In this section, “transferable record” means an electronic record that:</text>
    <level label="1">
      <text>Would be a note under Title 3 of this article or a document under Title 7 of this article if the electronic record were in writing; and</text>
    </level>
    <level label="2">
      <text>The issuer of the electronic record expressly has agreed is a transferable record.</text>
    </level>
  </level>
  <level label="b">
    <text>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 which the transferable record was issued or transferred.</text>
  </level>
  <level label="c">
    <text>A system employed for evidencing the transfer of interests in the transferable record satisfies subsection (b) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:</text>
    <level label="1">
      <text>A single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in items (4), (5), and (6) of this subsection, unalterable;</text>
    </level>
    <level label="2">
      <text>The authoritative copy identifies the person asserting control as:</text>
      <level label="i">
        <text>The person to which the transferable record was issued; or</text>
      </level>
      <level label="ii">
        <text>If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;</text>
      </level>
    </level>
    <level label="3">
      <text>The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;</text>
    </level>
    <level label="4">
      <text>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;</text>
    </level>
    <level label="5">
      <text>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</text>
    </level>
    <level label="6">
      <text>Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 1-201(20) of this article, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Maryland Uniform Commercial Code, including, if the applicable statutory requirements under § 3-302(a), § 7-501, or § 9-308 of this article 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.</text>
    </level>
    <level label="2">
      <text>Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.</text>
    </level>
  </level>
  <level label="e">
    <text>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 Maryland Uniform Commercial Code.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>If requested by a person against which 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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
