| 5. Deposit Accounts. Under new subsection (b)(1) [Maine cite |
subsection (2), paragraph (a)] , the only method of perfecting a |
security interest in a deposit account as original collateral is |
by control. Filing is ineffective, except as provided in Section |
9-315 [Maine cite section 9-1315] with respect to proceeds. As |
explained in Section 9-104 [Maine cite section 9-1104] , |
"control" can arise as a result of an agreement among the secured |
party, debtor, and bank, whereby the bank agrees to comply with |
instructions of the secured party with respect to disposition of |
the funds on deposit, even though the debtor retains the right to |
direct disposition of the funds. Thus, subsection (b)(1) [Maine |
cite subsection (2), paragraph (a)] takes an intermediate |
position between certain non-UCC law, which conditions the |
effectiveness of a security interest on the secured party's |
enjoyment of such dominion and control over the deposit account |
that the debtor is unable to dispose of the funds, and the |
approach this Article takes to securities accounts, under which a |
secured party who is unable to reach the collateral without |
resort to judicial process may perfect by filing. By |
conditioning perfection on "control," rather than requiring the |
secured party to enjoy absolute dominion to the exclusion of the |
debtor, subsection (b)(1) [Maine cite subsection (2), paragraph |
(a)] permits perfection in a wide variety of transactions, |
including those in which the secured party actually relies on the |
deposit account in extending credit and maintains some meaningful |
dominion over it, but does not wish to deprive the debtor of |
access to the funds altogether. |