Florida Statute 679.1041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 679
UNIFORM COMMERCIAL CODE: SECURED TRANSACTIONS

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F.S. 679.1041

679.1041 Control of deposit account.—

(1) A secured party has control of a deposit account if any of the following applies:

(a) The secured party is the bank with which the deposit account is maintained.

(b) 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.

(d) Another person, other than the debtor:

1. Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or

2. Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.

(2) A secured party that has satisfied subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

History.—s. 1, ch. 2001-198; s. 70, ch. 2025-92.

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Amendments to 679.1041

Annotations, Discussions, Cases:

Cases Citing Statute 679.1041

Total Results: 2

Brown v. Master Financial, Inc. (In Re Brown)

311 B.R. 282, 17 Fla. L. Weekly Fed. B 215, 2004 Bankr. LEXIS 904, 2004 WL 1490312

United States Bankruptcy Court, M.D. Florida | Filed: Feb 3, 2004 | Docket: 1847912

Cited 3 times | Published

pursuant to the debtor's security agreement. Section 679.1041 defines control of a deposit account. 679

In re Tuscany Energy, LLC

561 B.R. 910, 2016 Bankr. LEXIS 4546, 63 Bankr. Ct. Dec. (CRR) 155

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 30, 2016 | Docket: 65789372

Published

with regard to the account. Florida Statutes § 679.1041. The account that was the source of the Pre-Petition