Current through Public Act 103-1056
Section 810 ILCS 5/9-104 - [Effective 1/1/2025] 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.Amended by P.A. 103-1036,§ 5, eff. 1/1/2025.P.A. 89-364, eff. 1/1/1996; 89-534, eff. 1/1/1997; 89-626, eff. 8/9/1996; 91-893, eff. 7/1/2001.This section is set out more than once due to postponed, multiple, or conflicting amendments.