Legislation

* Section 12--104. Rights in Controllable Account, Controllable

Electronic Record, and Controllable Payment

Intangible.

(a) Applicability of section to controllable account and controllable
payment intangible. This 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 a purchaser and qualifying purchaser, in the same manner this
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 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) 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
is not notice of a claim of a property right in a controllable
electronic record.

* NB Effective June 3, 2026