O.C.G.A.
O.C.G.A.

O.C.G.A. § 11-9-106 (2019)

Control of investment property

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) Control under Code Section 11-8-106. A person has control of a certificated security, uncertificated security, or security entitlement as provided in Code Section 11-8-106. (b) Control of commodity contract. 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. (c) Effect of control of securities account or commodity account. 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

Code 1981, § 11-9-106, enacted by Ga. L. 2001, p. 362, § 1.

Annotations

RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 9106.

Notes of Decisions
Cited in 17 cases, 1983–2001 · leading case: Taylor v. Powertel, Inc., 551 S.E.2d 765 (Ga. Ct. App. 2001).
Sort: Relevance Newest Treatment
Taylor v. Powertel, Inc., 551 S.E.2d 765 (Ga. Ct. App. 2001). · cites it 2× “721, 723 (1) ( 301 SE2d 40 ) (1983) (OCGA § 11-9-106, UCC security interest in intangibles, i.”
McAllister Towing v. Ambassador Factors, Div. Fleet Factors Corp. (In Re Topgallant Lines, Inc.), 154 B.R. 368 (S.D. Ga. 1993). · cites it 5× “O.C.G.A. § 11-9-106 provides that “[a]ll right to payment earned or unearned under a charter or other contract involving the use or hire of a vessel and all rights incident to the charter or contract are accounts.”
Metter Banking Co. v. Fisher Foods, Inc., 359 S.E.2d 145 (Ga. Ct. App. 1987). · cites it 16× “) OCGA § 11-9-106 defines "account" in the sense of collateral, as "any right to payment for goods sold .”
Richmond Cnty. Hosp. Auth. v. Richmond Cnty., 336 S.E.2d 562 (Ga. 1985). · cites it 2× “*188 OCGA § 31-7-75 (8) extends to hospital authorities the power “[t]o extend credit or make loans to others for the .”
United States v. Hollie (In Hollie), 42 B.R. 111 (Bankr. M.D. Ga. 1984). · cites it 2× “The court found that the creditor’s security interest did not include general intangibles, and since the right to receive the payment was acquired after the bankruptcy filing, it was free of prebankruptcy liens under section 552(a).”
Sagon Motorhomes, Inc. v. Southtrust Bank of Georgia, N.A., 484 S.E.2d 21 (Ga. Ct. App. 1997). · cites it 2× “OCGA § 11-9-106 defines an account as any right to payment not evidenced by an instrument or chattel paper.”
Reis v. Ralls, 301 S.E.2d 40 (Ga. 1983). · cites it 2× ““General intangibles” are defined in OCGA § 11-9-106 (Code Ann. § 109A-9 — 106) as “any personal property (including things in action) other than goods, accounts, chattel paper, documents, instruments, and money.”
In Re Rumker, 184 B.R. 621 (Bankr. S.D. Ga. 1995). · cites it 2× “O.C.G.A. § 11-9-106 (Michie 1994). The terms “instrument” and “chattel paper” are defined at O.”
Barnes Freight Line, Inc. v. Chase Com. Corp. (In Re Barnes Freight Line, Inc.), 29 B.R. 664 (Bankr. N.D. Ga. 1983). · cites it 2× “Code § 109A-9-106 (Official Code of Georgia § 11-9-106) defines an “account” to mean “any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper.”
Fin. Sec. Assurance, Inc. v. Tollman-Hundley Dalton, L.P., 165 B.R. 698 (N.D. Ga. 1994). · cites it 2× “Hotel revenues are more like an account than rent because hotel revenues are generated from the provision of services, not from the bare grant of a possessory interest in land.”
Whiting-Turner/A.L. Johnson v. P.D.H. Dev., Inc., 184 F. Supp. 2d 1368 (M.D. Ga. 2000). · cites it 2× “” O.C.G.A. § 11-9-106. A security interest does not attach unless: (1) the debtor has signed a security agreement which contains a description of the collateral; (2) value has been given; and (3) the debtor has rights in the collateral.”
Trust Co. Bank v. Walker (In Re Walker), 35 B.R. 237 (Bankr. N.D. Ga. 1983). “§ 11-9-106 (1983). 4 . Official Code Ga.Ann.”
Show all 17 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.