Control of controllable electronic record

HRS §490:12-105, under Chapter 490.

HRS §490:12-105

[§490:12-105] Control of controllable electronic record. (a) A person shall be deemed to have control of a controllable electronic record if the electronic record; a record attached to, or logically associated with, the electronic record; or a system in which the electronic record is recorded:

(b) Subject to subsection (c), a power shall be deemed exclusive under subsection (a)(1)(B) regardless of whether:

(c) A power of a person shall not be deemed to be shared with another person under subsection (b)(2) and the person's power shall not be deemed exclusive if:

(d) If a person has the powers specified in subsection (a)(1)(B), the powers shall be presumed to be exclusive.

(e) A person shall be deemed to have control of a controllable electronic record if another person, other than the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record:

(f) A person having control under this section shall not be required to acknowledge that it has control on behalf of another person.

(g) 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 shall not owe any duty to the other person and shall not be required to confirm the acknowledgment to any other person. [L 2023, c 132, pt of §1]