OKL LEG Controllable E-Records


On Apr. 16, OKL LEG enrolled bill on controllable electronic records.


  • OKL LEG enrolled House bill HB 2776, an act re Oklahoma uniform commercial code.
  • Establishes rules relating to digital assets known as controllable electronic records.
  • Clarify scope of certain definitions, add definitions, references, delete exceptions, etc.
  • Amend OKL LEG 12A subsections of sections 1 (definitions), 2 (securities), 2A (leases).
  • Also, 3 (instruments), 4A (payment orders, transfers), 8 (financial assets, holdings, warranties, clearing) and 1-9 (chattel paper, investment property, letters of credit).
  • Key Provisions
  • Bearings of the law and its revisions impact real property, commodities and livestock, securities, bank transactions, leases, transactions governing goods, services and sales.
  • Remove requirement for signed to include writing; must include tangible symbol or attach or logically associate with the record an electronic symbol, sound or process.
  • Local laws of a securities issuer or intermediary's jurisdiction govern matters of a transaction even if matters of the transaction bear no impact to the jurisdiction.
  • Controllable accounts, controllable electronic records, controllable payments intangible are not financial assets unless 12A-8-102-9-iii (property in securities account) applies.
  • Local law of a bank's jurisdiction governs perfection of security interest and the effect of perfection/nonperfection even where transaction bears no impact to the jurisdiction.
  • Provides new guidelines on hybrid transactions involving both goods and services.
  • Revises definition of money as governmentally-authorized medium not in electric form.
  • Legislative History
  • On Feb. 6, 2024, bill introduced in House; on Mar. 11, 2024, bill passed in the House.
  • On Mar. 18, 2024, bill introduced in Senate; on Apr. 15, 2024, bill passed the Senate.
  • On Apr. 16, 2024, bill enrolled in House and Senate, sent to governor to approve/veto.
  • Effectiveness
  • HB 2776 amendments to OKL uniform commercial code become effective Nov. 1, 2024.
  • Apr. 18, 2024 OKL LEG Governor Approval
  • On Apr. 18, 2024, OKL LEG reported that the governor signed bill HB 2776 into law.

Regulators OKL LEG
Entity Types Bank; Corp; HF; Inv Co; SIFI
Reference Bill, 4/18/2024; Bill, HB2776, 4/16/2024; Citation: OKL LEG 12A;
Functions Client Money; Financial; Legal; Market Conduct; Operations; Registration/Licensing; Sales Practices; Suitability; Trading
Countries United States of America; Cross-Border
Category
State
Products Banking; Commodities; Corporate; Cryptocurrency; Fund Mgt; Hedge Funds; Investment Bank; Issuance/IPO; Loan; Payments; Private Placements; Securities
Regions Am
Rule Type Final
Rule Date 4/16/2024
Effective Date 11/1/2024
Rule Id 208679
Linked to N/A
Reg. Last Update 4/18/2024
Report Section US Investment

Last substantive update on 04/24/2024