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MI SB0548

Bill

Status

Passed

4/22/2014

Primary Sponsor

Darwin Booher

Click for details

Origin

Senate

97th Legislature

AI Summary

  • Amends the Uniform Electronic Transactions Act (2000 PA 305) to modernize provisions governing transferable records such as electronic notes and documents of title.

  • Defines a "transferable record" as an electronic record that would qualify as a note under UCC Article 3 or a document under UCC Article 7 if in writing, and where the issuer expressly agrees it is transferable.

  • Establishes that a person has control of a transferable record when a system reliably establishes them as the record's issuer or most recent transferee, with requirements for a single authoritative copy that is unique, identifiable, and unalterable.

  • Grants persons in control of transferable records the same rights and defenses as holders under the Uniform Commercial Code, including potential holder-in-due-course status, without requiring physical delivery, possession, or indorsement.

  • Requires persons seeking to enforce a transferable record to provide reasonable proof of control upon request, which may include access to the authoritative copy and related business records.

Legislative Description

Commercial code; commercial paper; references to uniform commercial code in uniform electronic transactions act; update. Amends sec. 16 of 2000 PA 305 (MCL 450.846). TIE BAR WITH: SB 0547'13

Law, uniform or model acts

Last Action

Assigned Pa 0102'14 With Immediate Effect

4/22/2014

Committee Referrals

Financial Services10/29/2013
Banking & Financial Institutions9/25/2013

Full Bill Text

No bill text available