70A-9a-104 - Control of deposit account.
70A-9a-104. Control of deposit account.
(1) A secured party has control of a deposit account if:
(a) the secured party is the bank with which the deposit account is maintained;
(b) the debtor, secured party, and bank have agreed in an authenticated record that thebank will comply with instructions originated by the secured party directing disposition of thefunds in the deposit account without further consent by the debtor; or
(c) the secured party becomes the bank's customer with respect to the deposit account.
(2) A secured party that has satisfied Subsection (1) has control, even if the debtor retainsthe right to direct the disposition of funds from the deposit account.
Enacted by Chapter 252, 2000 General Session