§ 10:9-208 — Additional duties of secured party having control of collateral

§9-208. Additional duties of secured party having control of collateral
(a) Applicability of section. This Section applies to cases in which there is no
outstanding secured obligation and the secured party is not committed to make advances,
incur obligations, or otherwise give value.
(b) Duties of secured party after receiving demand from debtor. Within ten days
after receiving a signed demand by the debtor:
(1) a secured party having control of a deposit account under R.S. 10:9-104(a)(2)
shall send to the bank with which the deposit account is maintained a signed record that
releases the bank from any further obligation to comply with instructions originated by the
secured party;
(2) a secured party having control of a deposit account under R.S. 10:9-104(a)(3)
shall:
(A) pay the debtor the balance on deposit in the deposit account; or
(B) transfer the balance on deposit into a deposit account in the debtor's name;
(3) a secured party, other than a buyer, having control under R.S. 10:9-105 of an
authoritative electronic copy of a record evidencing chattel paper shall transfer control of the
electronic copy to the debtor or a person designated by the debtor;
(4) a secured party having control of investment property under R.S. 10:8-106(d)(2)
or 9-106(b) shall send to the securities intermediary or commodity intermediary with which
the security entitlement or commodity contract is maintained a signed record that releases
the securities intermediary or commodity intermediary from any further obligation to comply
with entitlement orders or directions originated by the secured party;
(5) a secured party having control of a letter-of-credit right under R.S. 10:9-107 shall
send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter
of credit to the secured party a signed release from any further obligation to pay or deliver
proceeds of the letter of credit to the secured party;
(6) a secured party having control under R.S. 10:7-106 of an authoritative electronic
copy of an electronic document of title shall transfer control of the electronic copy to the
debtor or a person designated by the debtor;
(7) a secured party having control under R.S. 10:12-105 of a controllable electronic
record, other than a buyer of a controllable account or controllable payment intangible
evidenced by the controllable electronic record, shall transfer control of the controllable
electronic record to the debtor or a person designated by the debtor; and
(8) a secured party having control of a life insurance policy under R.S. 9-107.1(a)(2)
shall send to the insurer that issued the policy a signed record that releases both the security
interest and the insurer's acknowledgment.

Legislative History

Acts 1988, No. 528, §1, eff. Jan. 1, 1990; Acts 1989, No. 135, §7, eff. Jan. 1, 1990; Acts 2001, No. 128, §1, eff. July 1, 2001; Acts 2009, No. 207, §5, eff. Jan. 1, 2010; Acts 2024, No. 773, §1.