30-9A-104. Control of deposit account, MCA
  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 9A
  4. Part 1
  5. 30-9A-104 Control of deposit account

Montana Code Annotated 2025

TITLE 30. TRADE AND COMMERCE

CHAPTER 9A. UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS

Part 1. General Provisions

Control Of Deposit Account

30-9A-104. Control of deposit account. (1) A secured party has control of a deposit account if:

(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;

(c) the secured party becomes the bank's customer with respect to the deposit account; or

(d) another person, other than the debtor:

(i) has control of the deposit account and acknowledges that it has control on behalf of the secured party; or

(ii) 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 the requirements of subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

History: En. Sec. 3, Ch. 305, L. 1999; amd. Sec. 4, Ch. 179, L. 2001; Sec. 30-9-124, MCA 1999; redes. 30-9A-104 by Code Commissioner, 2001; amd. Sec. 46, Ch. 200, L. 2025.