§ 336.9-104 — Control of Deposit Account
Plain-Language Summary
A deposit account maintained with a bank can serve as collateral. Control of the deposit account is established by agreement with the bank.
336.9-104 2000 c 399 art 1 s 140
336.9-104 CONTROL OF DEPOSIT ACCOUNT.
(a) Requirements for control. A secured party has control of a deposit account if:
(1) the secured party is the bank with which the deposit account is maintained;
(2) the debtor, secured party, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor;
(3) the secured party becomes the bank’s customer with respect to the deposit account; or
(4) another person, other than the debtor:
(A) has control of the deposit account and acknowledges that it has control on behalf of the secured party; or
(B) obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.
(b) Debtor’s right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
History:
2000 c 399 art 1 s 4; 2024 c 93 art 9 s 2
History: History: 2000 c 399 art 1 s 4; 2024 c 93 art 9 s 2