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O.C.G.A. § 11-9-104 — Control of deposit account | Georgia Code
O.C.G.A. § 11-9-104 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 11 COMMERCIAL CODE

Section 9. Secured Transactions, 11-9-101 through 11-9-809.

ARTICLE 9 SECURED TRANSACTIONS

PART 1 SHORT TITLE, DEFINITIONS, AND GENERAL CONCEPTS

11-9-104. Control of deposit account.

  1. Requirements for control. 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 an authenticated 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; or
    3. The secured party becomes the bank's customer with respect to the deposit account.
  2. Debtor's right to direct disposition. A secured party that has satisfied subsection (a) of this Code section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

(Code 1981, §11-9-104, enacted by Ga. L. 2001, p. 362, § 1.)

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-104.

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.