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Ch. 8
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2000 LAWS OF MARYLAND
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(5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A COPY
IS READILY IDENTIFIABLE AS A COPY THAT IS NOT THE AUTHORITATIVE COPY; AND
(6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY
IDENTIFIABLE AS AUTHORIZED OR UNAUTHORIZED.
(D) (1) EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL OF A
TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN § 1-201(20) OF THIS
ARTICLE, OF THE TRANSFERABLE RECORD AND HAS THE SAME RIGHTS AND
DEFENSES AS A HOLDER OF AN EQUIVALENT RECORD OR WRITING UNDER THE
MARYLAND UNIFORM COMMERCIAL CODE, INCLUDING, IF THE APPLICABLE
STATUTORY REQUIREMENTS UNDER § 3-302(A), § 7-501, OR § 9-308 OF THIS ARTICLE
ARE SATISFIED, THE RIGHTS AND DEFENSES OF A HOLDER IN DUE COURSE, A
HOLDER TO WHICH A NEGOTIABLE DOCUMENT OF TITLE HAS BEEN DULY
NEGOTIATED, OR A PURCHASER, RESPECTIVELY.
(2) DELIVERY, POSSESSION, AND ENDORSEMENT ARE NOT REQUIRED TO
OBTAIN OR EXERCISE ANY OF THE RIGHTS UNDER THIS SUBSECTION.
(E) EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A TRANSFERABLE
RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN EQUIVALENT OBLIGOR
UNDER EQUIVALENT RECORDS OR WRITINGS UNDER THE MARYLAND UNIFORM
COMMERCIAL CODE.
(F) (1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT IS
SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD SHALL
PROVIDE REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF THE
TRANSFERABLE RECORD.
(2) PROOF MAY INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE
TRANSFERABLE RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW
THE TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF
THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD.
21-116. CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF
WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.
EACH GOVERNMENTAL AGENCY OF THIS STATE SHALL DETERMINE WHETHER,
AND THE EXTENT TO WHICH, IT WILL CREATE AND RETAIN ELECTRONIC RECORDS
AND CONVERT WRITTEN RECORDS TO ELECTRONIC RECORDS.
21-117. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
GOVERNMENTAL AGENCIES.
(A) EXCEPT AS OTHERWISE PROVIDED IN § 21-111(F) OF THIS TITLE, EACH
GOVERNMENTAL AGENCY SHALL DETERMINE WHETHER, AND THE EXTENT TO
WHICH, IT WILL SEND AND ACCEPT ELECTRONIC RECORDS AND ELECTRONIC
SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE CREATE, GENERATE,
COMMUNICATE, STORE, PROCESS, USE, AND RELY UPON ELECTRONIC RECORDS AND
ELECTRONIC SIGNATURES.
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