Vermont § 105 - § 12—105.

Full text of Vermont Vermont Statutes Online § 105 — § 12—105., with citation guidance and answers to common questions.

§ 105. § 12—105.

  • Control of controllable electronic record (a) A person has control of a controllable electronic record if the electronic record,
    a record attached to or logically associated with the electronic record, or a system
    in which the electronic record is recorded: (1) gives the person: (A) power to avail itself of substantially all the benefit from the electronic record;
    and (B) exclusive power, subject to subsection (b) of this section, to: (i) prevent others from availing themselves of substantially all the benefit from the
    electronic record; and (ii) transfer control of the electronic record to another person or cause another person
    to obtain control of another controllable electronic record as a result of the transfer
    of the electronic record; and (2) enables the person readily to identify itself in any way, including by name, identifying
    number, cryptographic key, office, or account number, as having the powers specified
    in subdivision (1) of this subsection. (b) Subject to subsection (c) of this section, a power is exclusive under subdivisions
    (a)(1)(B)(i) and (ii) of this section even if: (1) the controllable electronic record, a record attached to or logically associated with
    the electronic record, or a system in which the electronic record is recorded limits
    the use of the electronic record or has a protocol programmed to cause a change, including
    a transfer or loss of control or a modification of benefits afforded by the electronic
    record; or (2) the power is shared with another person. (c) A power of a person is not shared with another person under subdivision (b)(2) of
    this section and the person’s power is not exclusive if: (1) the person can exercise the power only if the power also is exercised by the other
    person; and (2) the other person: (A) can exercise the power without exercise of the power by the person; or (B) is the transferor to the person of an interest in the controllable electronic record
    or a controllable account or controllable payment intangible evidenced by the controllable
    electronic record. (d) If a person has the powers specified in subdivisions (a)(1)(B)(i) and (ii) of this
    section, the powers are presumed to be exclusive. (e) A person has control of a controllable electronic record if another person, other
    than the transferor to the person of an interest in the controllable electronic record
    or a controllable account or controllable payment intangible evidenced by the controllable
    electronic record: (1) has control of the electronic record and acknowledges that it has control on behalf
    of the person; or (2) obtains control of the electronic record after having acknowledged that it will obtain
    control of the electronic record on behalf of the person. (f) A person that has control under this section is not required to acknowledge that it
    has control on behalf of another person. (g) If a person acknowledges that it has or will obtain control on behalf of another person,
    unless the person otherwise agrees or law other than this article or Article 9 otherwise
    provides, the person does not owe any duty to the other person and is not required
    to confirm the acknowledgment to any other person. (Added 2025, No. 17, § 10, eff. July 1, 2025.)

Frequently Asked Questions About Vermont § 105

What does Vermont Statutes Online § 105 cover?

Section 105 ("§ 12—105.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 105?

A common citation format is "Vermont Statutes Online § 105" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.