(1) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
(2) A system satisfies subsection (1), and a secured party has control of electronic chattel paper, if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
(a) A single authoritative copy of the record or records exists which is unique, identifiable and, except as otherwise provided in paragraphs (d), (e), and (f), unalterable;
(b) The authoritative copy identifies the secured party as the assignee of the record or records;
(c) The authoritative copy is communicated to and maintained by the secured party 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 secured party;
(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.—s. 1, ch. 2001-198; s. 2, ch. 2012-59.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 679 - Uniform Commercial Code: Secured Transactions
Part I - General Provisions (Ss. 679.1011-679.1101)
679.1021 - Definitions and index of definitions.
679.1031 - Purchase-money security interest; application of payments; burden of establishing.
679.1041 - Control of deposit account.
679.1051 - Control of electronic chattel paper.
679.1061 - Control of investment property.
679.1071 - Control of letter-of-credit right.
679.1081 - Sufficiency of description.
679.1101 - Security interests arising under chapter 672 or chapter 680.