Uniform Special Deposits Act
Delaware · Banking · §§ 5-5101 to 5-5116 · 16 sections
Overview
The Uniform Special Deposits Act governs special deposits — funds a bank holds under an agreement that they be applied to a stated purpose and paid to a designated beneficiary, rather than held as an ordinary deposit account. It sets the requirements a deposit must satisfy to qualify, limits the purposes for which one may be established, and specifies when the bank must pay the beneficiary, along with the bank's duties, its liability, and how the arrangement may terminate. It also allocates the property interests of the depositor and the beneficiary and addresses how those interests interact with creditor process, injunctive relief, and a bank's rights of recoupment or setoff, while allowing parties to vary many of its terms by agreement.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Del. Code tit. 5, § 5101Title
- Del. Code tit. 5, § 5102Definitions
- Del. Code tit. 5, § 5103Scope; choice of law; forum
- Del. Code tit. 5, § 5104Variation by agreement or amendment
- Del. Code tit. 5, § 5105Requirements for special deposit
- Del. Code tit. 5, § 5106Permissible purpose
- Del. Code tit. 5, § 5107Payment to beneficiary by bank
- Del. Code tit. 5, § 5108Property interest of depositor or beneficiary
- Del. Code tit. 5, § 5109When creditor process enforceable against bank
- Del. Code tit. 5, § 5110Injunction or similar relief
- Del. Code tit. 5, § 5111Recoupment or set off
- Del. Code tit. 5, § 5112Duties and liability of bank
- Del. Code tit. 5, § 5113Term and termination
- Del. Code tit. 5, § 5114Principles of law and equity
- Del. Code tit. 5, § 5115Uniformity of application and construction
- Del. Code tit. 5, § 5116Transitional provision
Enacted in other states
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