Community Bankers' Advisor

December, 2000 - Vol. 7, No. 5 i

 Page 1 

Welcome to the on-line
December issue of the
Community Bankers' Advisor
. . . . . . . . . . .

The Advisor is prepared by attorneys at Olson & Burns, P.C. to provide information pertaining to legal developments affecting the field of banking. In order to accomplish this objective, we welcome any comments our readers have regarding the content and format of this publication. Please address your comments to:

Community Bankers' Advisor
c/o Olson & Burns, P.C.
PO Box 1180
Minot, ND 58702-1180
email:
Olson & Burns P.C.

The attorneys at Olson & Burns represent a wide range of clients in the financial and commercial areas. Our attorneys have expertise in banking regulations, employment law, bank charter issues, bankruptcy, commercial paper, real estate, probate, and UCC matters.

Independent Community Banks of North Dakota

You are asking . . .

Q. What impact will the Revised Article 9 have on deposit accounts?

A. One of the most significant and intriguing revisions in the new UCC is its treatment of deposit accounts. As many of you are aware, Revised Article 9 allows for a security interest in most deposit accounts. It should be noted that perfection of this interest is only accomplished by control over the account. Control is automatic where the depository institution is the secured creditor. Rev. § 9-104. However, third party control occurs only where (1) the depository institution, with the consent of the debtor, agrees to abide by the instructions of the secured party as to the account control or (2) where the secured party becomes the depository institution's "customer" with respect to the account. Id.

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