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Wis. Stat. § 409.104

Control of deposit account

Applied in 2 court decisions — leading case Gifford Thorp Finance Corporation

2001 a. 10.

(1) REQUIREMENTS FOR CONTROL. A secured party has control of a deposit account if:

(a) The secured party is the bank with which the deposit account is maintained;

(b) 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 (c) The secured party becomes the bank’s customer with respect to the deposit account.

(2) DEBTOR’S RIGHT TO DIRECT DISPOSITION. A secured party that has satisfied sub.

(1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

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