Section 8D: Control and possession of electronic transferable records
This section is inserted by The Electronic Transactions (Amendment) Act 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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Questions this section answers
- How is control of an electronic transferable record established instead of physical possession?