Official Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 12. · Article 12. CONTROLLABLE ELECTRONIC RECORDS
11-12-104. Rights in controllable account, controllable electronic record, and controllable payment intangible.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Applicability of section to controllable account and controllable payment intangible. This Code section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of this Code section of a purchaser and qualifying purchaser, in the same manner this Code section applies to a controllable electronic record.#
- (b)
Control of controllable account and controllable payment intangible. To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.#
- (c)
Applicability of other law to acquisition of rights. Except as provided in this Code section, law other than this article determines whether a person acquires a right in a controllable electronic record and the right the person acquires.#
- (d)
Shelter principle and purchase of limited interest. A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.#
- (e)
Rights of qualifying purchaser. A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.#
- (f)
Limitation of rights of qualifying purchaser in other property. Except as provided in subsections (a) and (e) of this Code section for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.#
- (g)
No-action protection for qualifying purchaser. An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.#
- (h)
Filing not notice. Filing of a financing statement under Article 9 of this title is not notice of a claim of a property right in a controllable electronic record.#
History
Code 1981, § 11-12-104, enacted by Ga. L. 2024, p. 817, § 3-1/HB 1240, effective July 1, 2024.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-pdf.pdf, Volume V9, 2022 edition, 2025 supplement, pages 160 to 161; merge action: added; file SHA-256 df9393c4ba3b.