Legislation
SECTION 9-208
Additional Duties of Secured Party Having Control of Collateral
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 2, SUBPART 2
Section 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
10 days after receiving an authenticated demand by the debtor:
(1) a secured party having control of a deposit account under
Section 9--104(a)(2) shall send to the bank with which the
deposit account is maintained an authenticated statement 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
Section 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 of
electronic chattel paper under Section 9--105 shall:
(A) communicate the authoritative copy of the electronic
chattel paper to the debtor or its designated custodian;
(B) if the debtor designates a custodian that is the
designated custodian with which the authoritative copy of
the electronic chattel paper is maintained for the
secured party, communicate to the custodian an
authenticated record releasing the designated custodian
from any further obligation to comply with instructions
originated by the secured party and instructing the
custodian to comply with instructions originated by the
debtor; and
(C) take appropriate action to enable the debtor or its
designated custodian to make copies of or revisions to
the authoritative copy which add or change an identified
assignee of the authoritative copy without the consent of
the secured party;
(4) a secured party having control of investment property under
Section 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
an authenticated 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 Section 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 an authenticated
release from any further obligation to pay or deliver
proceeds of the letter-of-credit to the secured party; and
(6) a secured party having control of an electronic document
shall:
(A) give control of the electronic document to the debtor or
its designated custodian;
(B) if the debtor designates a custodian that is the
designated custodian with which the authoritative copy of
the electronic document is maintained for the secured
party, communicate to the custodian an authenticated
record releasing the designated custodian from any
further obligation to comply with instructions originated
by the secured party and instructing the custodian to
comply with instructions originated by the debtor; and
(C) take appropriate action to enable the debtor or its
designated custodian to make copies of or revisions to
the authoritative copy which add or change an identified
assignee of the authoritative copy without the consent of
the secured party.
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
10 days after receiving an authenticated demand by the debtor:
(1) a secured party having control of a deposit account under
Section 9--104(a)(2) shall send to the bank with which the
deposit account is maintained an authenticated statement 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
Section 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 of
electronic chattel paper under Section 9--105 shall:
(A) communicate the authoritative copy of the electronic
chattel paper to the debtor or its designated custodian;
(B) if the debtor designates a custodian that is the
designated custodian with which the authoritative copy of
the electronic chattel paper is maintained for the
secured party, communicate to the custodian an
authenticated record releasing the designated custodian
from any further obligation to comply with instructions
originated by the secured party and instructing the
custodian to comply with instructions originated by the
debtor; and
(C) take appropriate action to enable the debtor or its
designated custodian to make copies of or revisions to
the authoritative copy which add or change an identified
assignee of the authoritative copy without the consent of
the secured party;
(4) a secured party having control of investment property under
Section 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
an authenticated 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 Section 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 an authenticated
release from any further obligation to pay or deliver
proceeds of the letter-of-credit to the secured party; and
(6) a secured party having control of an electronic document
shall:
(A) give control of the electronic document to the debtor or
its designated custodian;
(B) if the debtor designates a custodian that is the
designated custodian with which the authoritative copy of
the electronic document is maintained for the secured
party, communicate to the custodian an authenticated
record releasing the designated custodian from any
further obligation to comply with instructions originated
by the secured party and instructing the custodian to
comply with instructions originated by the debtor; and
(C) take appropriate action to enable the debtor or its
designated custodian to make copies of or revisions to
the authoritative copy which add or change an identified
assignee of the authoritative copy without the consent of
the secured party.