Miss. Code Ann. § 75-9-104

Control of deposit account

Applied in 4 court decisions — leading case United States v. Irby (1980)

Most recently applied in 730 So. 2d 9 - Mullen v. Green Tree Financial Corp. (September 1998)

Former 1972 Code § 75-9-104 [Codes, 1942, § 41A:9-104; Laws, 1966, ch. 316, § 9-104; Laws, 1977, ch. 452, § 7; Laws, 1996, ch. 460, § 22] is now found in comparable provisions e…

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.