§ 9-208 — Additional Duties of Secured Party Having Control of Collateral

New York § 9-208

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 2: Effectiveness of Security Agreement; Attachment of Security Interest; Rights of Parties to Security Agreement
• Subpart 2: Rights and Duties
• Art. 9: Secured Transactions

Text

Section 9--208. Additional Duties of Secured Party Having Control of\n Collateral.\n (a) Applicability of section. This section applies to cases in which\nthere is no outstanding secured obligation and the secured party is not\ncommitted to make advances, incur obligations, or otherwise give value.\n * (b) Duties of secured party after receiving demand from debtor.\nWithin 10 days after receiving an authenticated demand by the debtor:\n (1) a secured party having control of a deposit account under\n Section 9--104(a)(2) shall send to the bank with which the\n deposit account is maintained an authenticated statement that\n releases the bank from any further obligation to comply with\n instructions originated by the secured party;\n (2) a secured party having control of a deposit account under\n Section 9--104(a)(3) shall:\n (A) pay the debtor the balance on deposit in the deposit\n account; or\n (B) transfer the balance on deposit into a deposit account in\n the debtor's name;\n (3) a secured party, other than a buyer, having control of\n electronic chattel paper under Section 9--105 shall:\n (A) communicate the authoritative copy of the electronic\n chattel paper to the debtor or its designated custodian;\n (B) if the debtor designates a custodian that is the\n designated custodian with which the authoritative copy of\n the electronic chattel paper is maintained for the\n secured party, communicate to the custodian an\n authenticated record releasing the designated custodian\n from any further obligation to comply with instructions\n originated by the secured party and instructing the\n custodian to comply with instructions originated by the\n debtor; and\n (C) take appropriate action to enable the debtor or its\n designated custodian to make copies of or revisions to\n the authoritative copy which add or change an identified\n assignee of the authoritative copy without the consent of\n the secured party;\n (4) a secured party having control of investment property under\n Section 8--106(d)(2) or 9--106(b) shall send to the\n securities intermediary or commodity intermediary with which\n the security entitlement or commodity contract is maintained\n an authenticated record that releases the securities\n intermediary or commodity intermediary from any further\n obligation to comply with entitlement orders or directions\n originated by the secured party;\n (5) a secured party having control of a letter-of-credit right\n under Section 9--107 shall send to each person having an\n unfulfilled obligation to pay or deliver proceeds of the\n letter-of-credit to the secured party an authenticated\n release from any further obligation to pay or deliver\n proceeds of the letter-of-credit to the secured party; and\n (6) a secured party having control of an electronic document\n shall:\n (A) give control of the electronic document to the debtor or\n its designated custodian;\n (B) if the debtor designates a custodian that is the\n designated custodian with which the authoritative copy of\n the electronic document is maintained for the secured\n party, communicate to the custodian an authenticated\n record releasing the designated custodian from any\n further obligation to comply with instructions originated\n by the secured party and instructing the custodian to\n comply with instructions originated by the debtor; and\n (C) take appropriate action to enable the debtor or its\n designated custodian to make copies of or revisions to\n the authoritative copy which add or change an identified\n assignee of the authoritative copy without the consent of\n the secured party.\n * NB Effective until June 3, 2026\n * (b) Duties of secured party after receiving demand from\n debtor. Within 10 days after receiving a signed demand by the\n debtor:\n (1) a secured party having control of a deposit account under\n Section 9--104(a)(2) shall send to the bank with which the\n deposit account is maintained a signed record that releases\n the bank from any further obligation to comply with\n instructions originated by the secured party;\n (2) a secured party having control of a deposit account under\n Section 9--104(a)(3) shall:\n (A) pay the debtor the balance on deposit in the deposit\n account; or\n (B) transfer the balance on deposit into a deposit account in\n the debtor's name;\n (3) a secured party, other than a buyer, having control under\n Section 9--105 of an authoritative electronic copy of a\n record evidencing chattel paper shall transfer control of the\n electronic copy to debtor or a person designated by the\n debtor;\n (4) a secured party having control of investment property under\n Section 8--106(d)(2) or 9--106(b) shall send to the\n securities intermediary or commodity intermediary with which\n the security entitlement or commodity contract is maintained\n a signed record that releases the securities intermediary or\n commodity intermediary from any further obligation to comply\n with entitlement orders or directions originated by the\n secured party;\n (5) a secured party having control of a letter-of-credit right\n under Section 9--107 shall send to each person having an\n unfulfilled obligation to pay or deliver proceeds of the\n letter-of-credit to the secured party a signed release from\n any further obligation to pay or deliver proceeds of the\n letter-of-credit to the secured party;\n (6) a secured party having control under Section 7--106 of an\n authoritative electronic copy of an electronic document of\n title shall transfer control of the electronic copy to the\n debtor or a person designated by the debtor;\n (7) a secured party having control under Section 9--105A of\n electronic money shall transfer control of the electronic\n money to the debtor or a person designated by the debtor; and\n (8) a secured party having control under Section 12--105 of a\n controllable electronic record, other than a buyer of a\n controllable account or controllable payment intangible\n evidenced by the controllable electronic record, shall\n transfer control of the controllable electronic record to the\n debtor or a person designated by the debtor.\n * NB Effective June 3, 2026\n