§ 12—104. Rights in controllable account, controllable electronic record, and controllable payment
intangible
(a) 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 this section of a purchaser and qualifying purchaser,
in the same manner this section applies to a controllable electronic record.
(b) 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) 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) 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) 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) Except as provided in subsections (a) and (e) of this 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) 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 of a financing statement under Article 9 is not notice of a claim of a property
right in a controllable electronic record. (Added 2025, No. 17, § 10, eff. July 1, 2025.)