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MONTANA STATUTES AND CODES

30-7-107. Control of electronic document of title.


     30-7-107. Control of electronic document of title. (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 considered to have control of an electronic document of title, if the document is created, stored, and assigned in such a manner that:
     (a) a single authoritative copy of the document exists which is unique, identifiable, and, except as otherwise provided in subsections (2)(d), (2)(e), and (2)(f), unalterable;
     (b) the authoritative copy identifies the person asserting control as:
     (i) the person to which the document was issued; or
     (ii) if the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred;
     (c) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
     (d) 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;
     (e) 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
     (f) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.

     History: En. Sec. 39, Ch. 575, L. 2005.

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