§ 9-104. Control of deposit account.
513 words·~2 min read·
/de/title-6/chapter-9/9-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 account without further consent by the debtor;
(3)the secured party becomes the bank’s customer with respect to the deposit account;
(4)the debtor, secured party, and bank have signed a record that
(i)is conspicuously denominated a control agreement,
(ii)identifies the specific deposit account in which the secured party claims a security interest, and
(iii)contains 1 or more provisions addressing the disposition of funds in the deposit account or the right to direct the disposition of funds in the deposit account;
(5)the name on the deposit account is the name of the secured party or indicates that the secured party has a security interest in the deposit account; or
(6)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.
(c)No implied duties of bank. — The authentication of a record by the bank under subsection (a)(2) or (a)(4) does not impose upon the bank any duty not expressly agreed to by the bank in the record. The naming of the deposit account in the name of the secured party or with an indication that the secured party has a security interest in the deposit account under subsection (a)(5) does not impose upon the bank any duty not expressly agreed to by the bank.
(d)Conditions not relevant. — A secured party has control under subsection (a)(2) even if any duty of the bank to comply with instructions originated by the secured party directing disposition of the funds in the deposit account is subject to any condition or conditions (other than further consent by the debtor). A secured party has control under subsection (a)(4) even if the provision or provisions addressing the disposition of funds in the deposit account or the right to direct the disposition of funds in the deposit account are subject to any condition or conditions (other than further consent by the debtor).
(e)No inferences. — The procedures and requirements of subsections (a)(4) and (a)(5) available to obtain control shall not be used in interpreting the sufficiency of a secured party’s compliance with the procedures and requirements of subsections (a)(1), (a)(2) or (a)(3) to obtain control. The provisions of subsections (a)(4) and (a)(5) shall create no inference regarding the requirements for compliance with subsection (a)(1), (a)(2) or (a)(3).