41-09-47. (9-327) Priority of security interests in deposit account and uncertificated
166 words·~1 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-47·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
certificate of deposit.
The following rules govern priority among conflicting security interests in the same deposit account or uncertificated certificate of deposit:
1. A security interest held by a secured party having control of the deposit account or
uncertificated certificate of deposit under section 41-09-04 has priority over a
conflicting security interest held by a secured party that does not have control.
2. Except as otherwise provided in subsections 3 and 4, security interests perfected by
control under section 41-09-34 rank according to priority in time of obtaining control.
3. Except as otherwise provided in subsection 4, a security interest held by the bank with
which the deposit account or uncertificated certificate of deposit is maintained has
priority over a conflicting security interest held by another secured party.
4. A security interest perfected by control under subdivision c of subsection 1 of section
41-09-04 has priority over a security interest held by the bank with which the deposit
account or uncertificated certificate of deposit is maintained.