Arkansas Code Annotated

Ark. Code Ann. § 4-9-106 (2026)

Control of investment property

✓ current as of May 2026
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  1. A person has control of a certificated security, uncertificated security, or security entitlement as provided in § 4-8-106.
  2. A secured party has control of a commodity contract if:
    1. the secured party is the commodity intermediary with which the commodity contract is carried; or
    2. the commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.
  3. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.

History. Acts 2001, No. 1439, § 1.

Notes of Decisions
Cited in 4 cases, 1989–2012 · leading case: River Valley Bank of Russellville v. Ace Sports Mgmt., LLC (In Re Ace Sports Mgmt., LLC), 271 B.R. 134 (Bankr. E.D. Ark. 2001).
River Valley Bank of Russellville v. Ace Sports Mgmt., LLC (In Re Ace Sports Mgmt., LLC), 271 B.R. 134 (Bankr. E.D. Ark. 2001). · cites it 2× “” Ark.Code Ann. § 4-9-106 (Michie 1991 & Supp.”
Tradax Am., Inc. v. First Nat'l Bank in Stuttgart (In Re Howell Enter., Inc.), 105 B.R. 494 (Bankr. E.D. Ark. 1989). · cites it 2× “There was no allegation of any lack of good faith on the part of FNB; therefore, the only question remaining is whether FNB was a purchaser “for value.”
Swanson v. Applied Process Tech. Int'l, LLC (In re Delta-T Corp.), 475 B.R. 495 (Bankr. E.D. Va. 2012). “” Ark.Code Ann. § 4-9-106 (Michie 1991). Martin further argues that he is at least entitled to $22,108.”
Barton v. United States, Farmers Home Admin. (In Re Barton), 132 B.R. 23 (Bankr. W.D. Ark. 1991). · cites it 4× “Ark.Code Ann. § 4-9-106 (1987). The debtors granted FmHA a security interest in, among other items, the debtors’ interest in: the following collateral, including proceeds and products thereof: Item 1.”
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