Legislation
SECTION 9-304
Law Governing Perfection and Priority of Security Interests in Deposit Accounts
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 3, SUBPART 1
Section 9--304. Law Governing Perfection and Priority of Security
Interests in Deposit Accounts.
(a) Law of bank's jurisdiction governs. The local law of a bank's
jurisdiction governs perfection, the effect of perfection or
nonperfection, and the priority of a security interest in a deposit
account maintained with that bank.
(b) Bank's jurisdiction. The following rules determine a bank's
jurisdiction for purposes of this part:
(1) If an agreement between the bank and its customer governing
the deposit account expressly provides that a particular
jurisdiction is the bank's jurisdiction for purposes of this
part, this article, or this chapter, that jurisdiction is the
bank's jurisdiction.
(2) If paragraph (1) does not apply and an agreement between the
bank and its customer governing the deposit account expressly
provides that the agreement is governed by the law of a
particular jurisdiction, that jurisdiction is the bank's
jurisdiction.
(3) If neither paragraph (1) nor paragraph (2) applies and an
agreement between the bank and its customer governing the
deposit account expressly provides that the deposit account
is maintained at an office in a particular jurisdiction, that
jurisdiction is the bank's jurisdiction.
(4) If none of the preceding paragraphs apply, the bank's
jurisdiction is the jurisdiction in which the office
identified in an account statement as the office serving the
customer's account is located.
(5) If none of the preceding paragraphs apply, the bank's
jurisdiction is the jurisdiction in which the chief executive
office of the bank is located.
Interests in Deposit Accounts.
(a) Law of bank's jurisdiction governs. The local law of a bank's
jurisdiction governs perfection, the effect of perfection or
nonperfection, and the priority of a security interest in a deposit
account maintained with that bank.
(b) Bank's jurisdiction. The following rules determine a bank's
jurisdiction for purposes of this part:
(1) If an agreement between the bank and its customer governing
the deposit account expressly provides that a particular
jurisdiction is the bank's jurisdiction for purposes of this
part, this article, or this chapter, that jurisdiction is the
bank's jurisdiction.
(2) If paragraph (1) does not apply and an agreement between the
bank and its customer governing the deposit account expressly
provides that the agreement is governed by the law of a
particular jurisdiction, that jurisdiction is the bank's
jurisdiction.
(3) If neither paragraph (1) nor paragraph (2) applies and an
agreement between the bank and its customer governing the
deposit account expressly provides that the deposit account
is maintained at an office in a particular jurisdiction, that
jurisdiction is the bank's jurisdiction.
(4) If none of the preceding paragraphs apply, the bank's
jurisdiction is the jurisdiction in which the office
identified in an account statement as the office serving the
customer's account is located.
(5) If none of the preceding paragraphs apply, the bank's
jurisdiction is the jurisdiction in which the chief executive
office of the bank is located.