Public-domain · open source
OpenJurist

S.D. Codified Laws § 57A-9-327

Priority among conflicting security interests in same deposit account

Known as the Uniform Commercial Code

The act spans §§ 57–57 (574 sections).

Source: SL 2000, ch 231.

The following rules govern priority among conflicting security interests in the same deposit account:

(1) A security interest held by a secured party having control of the deposit account under § 57A-9-104 has priority over a conflicting security interest held by a secured party that does not have control.

(2) Except as otherwise provided in paragraphs (3) and (4), security interests perfected by control under § 57A-9-314 rank according to priority in time of obtaining control.

(3) Except as otherwise provided in paragraph (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.

(4) A security interest perfected by control under § 57A-9-104(a)(3) has priority over a security interest held by the bank with which the deposit account is maintained.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.