West Virginia Statutes
§ 46-9-104 — Control of deposit account
West Virginia·Ch. 46 UNIFORM COMMERCIAL CODE·Art. 9 SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER
(a)Requirements for control. A secured party has control of a deposit account if:
(1)The secured party is the bank with which the deposit account is maintained;
(2)The debtor, secured party and bank have agreed in an authenticated 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; or
(3)The secured party becomes the bank's customer with respect to the deposit account.
(b)Debtor's right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
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Legislative History
2000 Reg. Sess., SB469; 1996 Reg. Sess., HB4669; 1974 Reg. Sess., SB60
Nearby Sections
15
§ 46-1-101
Short titles§ 46-1-102
Scope of article§ 46-1-104
Construction against implied repeal§ 46-1-105
Severability§ 46-1-106
Use of singular and plural; gender§ 46-1-107
Section captions§ 46-1-109
Repealed. Acts, 2006 Reg. Sess., Ch. 247§ 46-1-201
General definitions§ 46-1-202
Notice; knowledge§ 46-1-204
Value§ 46-1-205
Reasonable time; seasonableness§ 46-1-206
Presumptions