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Section 8D: Control and possession of electronic transferable records

Electronic Transactions Act · PART IIA: ELECTRONIC TRANSFERABLE RECORDS

This section is inserted by Act No 5 of 2026, section 6.

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

8D. Control and possession of electronic transferable records (1) Where an enactment requires or permits possession of a transferable document or instrument, that requirement shall be met with respect to an electronic transferable record if a reliable method is used to – (a) establish exclusive control of that record by a person; and (b) identify that person as the person in control. (2) Where an enactment requires or permits transfer of possession of a transferable document or instrument, that requirement shall be met with respect to an electronic transferable record through the transfer of control over the electronic transferable record.

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