Idaho Statutes
§ 28-9-106 — CONTROL OF INVESTMENT PROPERTY
(a)A person has control of a certificated security, uncertificated security, or security entitlement as provided in section 28-8-106.
(b)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)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.
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Related
Idaho Bank & Trust Co. v. Cargill, Inc.
665 P.2d 1093 (Idaho Court of Appeals, 1983)
Fremont-Madison Irrigation District v. United States Department of the Interior
763 F.2d 1084 (Ninth Circuit, 1985)
Legislative History
[28-9-106, added 2001, ch. 208, sec. 2, p. 719.]
Nearby Sections
15
§ 28-1-101
SHORT TITLES§ 28-1-102
SCOPE OF CHAPTER§ 28-1-104
CONSTRUCTION AGAINST IMPLIED REPEAL§ 28-1-105
SEVERABILITY§ 28-1-106
USE OF SINGULAR AND PLURAL — GENDER§ 28-1-107
SECTION CAPTIONS§ 28-1-201
GENERAL DEFINITIONS§ 28-1-202
NOTICE — KNOWLEDGE§ 28-1-204
VALUE§ 28-1-205
REASONABLE TIME — SEASONABLENESS§ 28-1-206
PRESUMPTIONS