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HomeCommercial CodeDiv. 9Ch. 1§ 9104 Secured Party Control Over Deposit Accounts

§ 9104 Secured Party Control Over Deposit Accounts

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9104 Secured Party Control Over Deposit Accounts

Key Takeaways

  • •A lender (like a bank) can control your bank account if they are the bank where you have the account.
  • •If you, the lender, and the bank all sign an agreement, the bank will follow the lender’s instructions about your money without asking you.
  • •The lender can also control your account if they become the bank’s customer for that account.
  • •Even if you can still move your money, the lender can have control if the rules above are followed.

Example

You take a loan from Bank A, and your paycheck goes into your account at Bank A.

Bank A can control your account because they are the bank where your money is kept. They can take your loan payments directly from your account if you agree to it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9104 Secured Party Control Over Deposit Accounts

(a) A secured party has control of a deposit account if any of the following conditions is satisfied: (1) The secured party is the bank with which the deposit account is maintained. (2) The debtor, secured party, and bank have agreed in a signed 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. (3) The secured party becomes the bank’s customer with respect to the deposit account. (4) Another person, other than the debtor, satisfies either of the following conditions: (A) The person has control of the deposit account and acknowledges that it has control on behalf of the secured party. (B) The person obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party. (b) A secured party that has satisfied subdivision (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account. (Amended by Stats. 2023, Ch. 210, Sec. 25. (SB 95) Effective January 1, 2024.)

Last verified: January 23, 2026

Key Terms

secured partydeposit accountcontroldebtorbanksigned record

Related Statutes

  • § 9106 Security And Commodity Control
  • § 9110 Security Interests Before Possession
  • § 10107 Waiver Of Warranty Claims
  • § 4102 Bank Liability By Location
  • § 8106 Security Purchaser Control Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9104.
View Official Source