Nevada Code § 104.7106

Control of electronic document of title
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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
whom the electronic document was issued or transferred.
2. A system satisfies subsection 1, and a
person has control of an electronic document of title, if the document is
created, stored and transferred in such a manner that:
(a) A single authoritative copy of the document
exists which is unique, identifiable and, except as otherwise provided in
paragraphs (d), (e) and (f), unalterable;
(b) The authoritative copy identifies the person
asserting control as:
(1) The person to whom the document was
issued; or
(2) If the authoritative copy indicates
that the document has been transferred, the person to whom 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 transferee 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.
3. A system satisfies subsection 1, and a
person has control of an electronic document of title, if an authoritative
electronic copy of the document, a record attached to or logically associated
with the electronic copy or a system in which the electronic copy is recorded:
(a) Enables the person readily to identify each
electronic copy as either an authoritative copy or a nonauthoritative copy;
(b) Enables the person readily to identify itself
in any way, including by name, identifying number, cryptographic key, office or
account number, as the person to which each authoritative electronic copy was
issued or transferred; and
(c) Gives the person exclusive power, subject to
subsection 4, to:
(1) Prevent others from adding or changing
the person to which each authoritative electronic copy has been issued or
transferred; and
(2) Transfer control of each authoritative
electronic copy.
4. Subject to subsection 5, a power is
exclusive under subparagraphs (1) and (2) of paragraph (c) of subsection 3,
even if:
(a) The authoritative electronic copy, a record
attached to or logically associated with the authoritative electronic copy or a
system in which the authoritative electronic copy is recorded limits the use of
the document of title or has a protocol that is programmed to cause a change,
including a transfer or loss of control; or
(b) The power is shared with another person.
5. A power of a person is not shared with
another person under paragraph (b) of subsection 4 and the persons power is
not exclusive if:
(a) The person can exercise a power only if the
power also is exercised by the other person; and
(b) The other person:
(1) Can exercise the power without
exercise of the power by the person; or
(2) Is the transferor to the person of an
interest in the document of title.
6. If a person has the powers specified in
subparagraphs (1) and (2) of paragraph (c) of subsection 3, the powers are
presumed to be exclusive.
7. A person has control of an electronic
document of title if another person, other than the transferor to the person of
an interest in the document:
(a) Has control of the document and acknowledges
that it has control on behalf of the person; or
(b) Obtains control of the document after having
acknowledged that it will obtain control of the document on behalf of the
person.
8. A person that has control under this
section is not required to acknowledge that it has control on behalf of another
person.
9. If a person acknowledges that it has or
will obtain control on behalf of another person, unless the person otherwise
agrees or law other than this Article or Article 9 otherwise provides, the
person does not owe any duty to the other person and is not required to confirm
the acknowledgment to any other person.

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