Mass. Gen. Laws ch. 106 § 9-104

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 106:9-104 - Control of deposit account
(a) 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 account without further consent by the debtor; or
(3) the secured party becomes the bank's customer with respect to the deposit account.
(b) Debtor's right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

Mass. Gen. Laws ch. 106, § 9-104

Amended by Acts 2001, c. 26, § 39, eff. 7/1/2001.