Current through 2024, ch. 69
Section 55-9-104 - Control of deposit account(a) 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) A secured party that has satisfied Subsection (a) of this section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.1978 Comp., § 55-9-104, enacted by Laws 2001, ch. 139, § 4.Amended by 2023, c. 142,s. 44, eff. 1/1/2024.