In this section, "transferable record" means an electronic record that:
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.
A system satisfies subsection (b), 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:
A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5) and (6), unalterable;
The authoritative copy identifies the person asserting control as:
The person to which the transferable record was issued; or
If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;
Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in Section 75-1-201(b)(21), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under Section 75-3-302(a), 75-7-501 or 75-9-308 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. Delivery, possession and endorsement are not required to obtain or exercise any of the rights under this subsection.
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 Uniform Commercial Code.
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. 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.
Structure Mississippi Code
Title 75 - Regulation of Trade, Commerce and Investments
Chapter 12 - Uniform Electronic Transactions Act
§ 75-12-7. Prospective Application
§ 75-12-9. Use of electronic records and electronic signatures; variation by agreement
§ 75-12-11. Construction and application
§ 75-12-13. Legal recognition of electronic records, electronic signatures and electronic contracts
§ 75-12-15. Provision of information in writing; presentation of records
§ 75-12-17. Attribution and effect of electronic record and electronic signature
§ 75-12-19. Effect of change or error
§ 75-12-21. Notarization and acknowledgment
§ 75-12-23. Retention of electronic records; originals
§ 75-12-25. Admissibility in evidence
§ 75-12-27. Automated transaction
§ 75-12-29. Time and place of sending and receipt
§ 75-12-31. Transferable records
§ 75-12-35. Acceptance and distribution of electronic records by governmental agencies