Wisconsin Statutes
Wis. Stat. § 409.106 (2026)
Control of investment property
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
409.106(1)(1) Control under s. 408.106. A person has control of a certificated security, uncertificated security, or security entitlement as provided in s. 408.106.
409.106(2)(2) Control of commodity contract. A secured party has control of a commodity contract if:
409.106(2)(a)(a) The secured party is the commodity intermediary with which the commodity contract is carried; or
409.106(2)(b)(b) 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.
409.106(3)(3) 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.
Notes of Decisions
Cited in 7
cases, 1981–2000 · leading case: Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989).
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “The parties address perfection of the Bank’s security interest as if it covered only the contents of the CMA (the government securities and certificates of deposit), without any discussion of whether the Bank’s security interest in the CMA itself is perfected. However, the…”
In Re Weyland, 63 B.R. 854 (Bankr. E.D. Wis. 1986). “§ 409.106 of the Wisconsin Statutes (definition of general intangibles) is applicable.”
City Bank & Trust Co. of Portage v. Don's Elec., Inc. (In Re Don's Elec., Inc.), 65 B.R. 399 (Bankr. W.D. Wis. 1986). “§ 409.106 an account is "any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper, whether or not it has been earned by performance.”
Matter of Bindl, 13 B.R. 148 (Bankr. W.D. Wis. 1981). “For the filing exception to apply it must initially be determined that the interest in the proceeds from the sale of milk is an account as defined in Wis.Stat. 409.106 which states that: “ ‘Account’ means any right to payment for goods sold or leased or for services rendered…”
Sampson Investments v. Sampson, 111 F. Supp. 2d 1064 (E.D. Wis. 2000). “§ 409.106. 8 . The U.C.C. provides that for purposes of describing collateral "any description of personal property or real estate is sufficient whether or not it is specific if it reasonably identifies what is described.”
Thomas v. Tomco Acquisitions, Inc., 776 F. Supp. 431 (E.D. Wis. 1991). “26, ¶ 9-106 (Illinois Commercial Code); Wis.Stat. § 409.106 (Wisconsin Commercial Code).”
In Re Pelton, 171 B.R. 641 (Bankr. W.D. Wis. 1994). “The official comment to § 409.106 provides that a "contract right is a right to be earned by future performance under an existing contract .”
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.