Arkansas Code Annotated

Ark. Code Ann. § 4-9-314 (2026)

Perfection by control

✓ current as of May 2026
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  1. A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under § 4-7-106, § 4-9-104, § 4-9-105, § 4-9-106, or § 4-9-107.
  2. A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, or electronic documents is perfected by control under § 4-7-106, § 4-9-104, § 4-9-105, § 4-9-106, or § 4-9-107 when the secured party obtains control and remains perfected by control only while the secured party retains control.
  3. A security interest in investment property is perfected by control under § 4-9-106 from the time the secured party obtains control and remains perfected by control until:
    1. the secured party does not have control; and
    2. one of the following occurs:
      1. if the collateral is a certificated security, the debtor has or acquires possession of the security certificate;
      2. if the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or
      3. if the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

History. Acts 2001, No. 1439, § 1; 2007, No. 342, § 35.

A.C.R.C. Notes. The amendment of § 4-9-314 by Acts 2007, No. 342, § 35 includes a reference at subsection (b) to § 4-9-106. As the reference to § 4-9-106 was added to § 4-9-314(b) without being underlined as new language, and since the reference to § 4-9-106 in § 4-9-314(b) did not already exist in the Arkansas Code, it is not clear whether the inclusion of the reference to § 4-9-106 was intentional.

Research References

ALR.

Perfection of Security Interests by Possession, Delivery, or Control under Revised Article 9 of Uniform Commercial Code. 53 A.L.R.6th 159.

Ark. L. Notes.

Laurence, Update: Some Practical Advice on How to Create a Security Interest in a Deposit Account, 2002 Arkansas L. Notes 45.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Beal Bank, S.S.B. v. Fewell (In Re Fewell), 352 B.R. 98 (Bankr. E.D. Ark. 2006).
Beal Bank, S.S.B. v. Fewell (In Re Fewell), 352 B.R. 98 (Bankr. E.D. Ark. 2006). · cites it 4× “” Under Ark. Code Ann. § 4-9-314 , a party may perfect a security interest in a deposit account by satisfying the definition of “control” as defined in § 4-9-104, and “remains perfected by control only while the secured party retains control.”
— Ark. Code Ann. § 4-9-314(a) — 1 case
Beal Bank, S.S.B. v. Fewell (In Re Fewell), 352 B.R. 98 (Bankr. E.D. Ark. 2006). “” Under Ark. Code Ann. § 4-9-314 , a party may perfect a security interest in a deposit account by satisfying the definition of “control” as defined in § 4-9-104, and “remains perfected by control only while the secured party retains control.”
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