State Codes and Statutes

Statutes > New-mexico > Chapter-55 > Article-7 > Section-55-7-106

55-7-106. 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) of this section, 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) of this subsection, 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.

State Codes and Statutes

Statutes > New-mexico > Chapter-55 > Article-7 > Section-55-7-106

55-7-106. 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) of this section, 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) of this subsection, 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.


State Codes and Statutes

State Codes and Statutes

Statutes > New-mexico > Chapter-55 > Article-7 > Section-55-7-106

55-7-106. 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) of this section, 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) of this subsection, 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.