| nonnegotiable or uncertificated certificates of deposit. Under | the definition, an uncertificated certificate of deposit would be | a deposit account (assuming there is no writing evidencing the | bank's obligation to pay) whereas a nonnegotiable certificate of | deposit would be a deposit account only if it is not an | "instrument" as defined in this section (a question that turns on | whether the nonnegotiable certificate of deposit is "of a type | that in ordinary course of business is transferred by delivery | with any necessary indorsement or assignment.") |
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| | A deposit account evidenced by an instrument is subject to the | rules applicable to instruments generally. As a consequence, a | security interest in such an instrument cannot be perfected by | "control" (see Section 9-104 [Maine cite section 9-1104]), and | the special priority rules applicable to deposit accounts (see | Sections 9-327 and 9-340 [Maine cite sections 9-1327 and 9-1340]) | do not apply. |
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| | The term "deposit account" does not include "investment | property," such as securities and security entitlements. Thus, | the term also does not include shares in a money-market mutual | fund, even if the shares are redeemable by check. |
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| | 13. Proceeds-Related Definitions: "Cash Proceeds"; "Noncash | Proceeds"; "Proceeds." The revised definition of "proceeds" | expands the definition beyond that contained in former Section 9- | 306 [Maine cite section 9-1306] and resolves ambiguities in the | former section. |
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| a. Distributions on Account of Collateral. The phrase | "whatever is collected on, or distributed on account of, | collateral," in subparagraph (B) [Maine cite paragraph (6)], | is broad enough to cover cash or stock dividends distributed | on account of securities or other investment property that | is original collateral. Compare former Section 9-306 ("Any | payments or distributions made with respect to investment | property collateral are proceeds."). This section rejects | the holding of Hastie v. FDIC, 2 F.3d 1042 (10th Cir. 1993) | (postpetition cash dividends on stock subject to a | prepetition pledge are not "proceeds" under Bankruptcy Code | Section 552(b)), to the extent the holding relies on the | Article 9 [Maine cite Article 9-A] definition of "proceeds." |
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| b. Distributions on Account of Supporting Obligations. | Under subparagraph (B) [Maine cite paragraph (6)], | collections on and distributions on account of collateral | consisting of various credit-support arrangements | ("supporting obligations," as defined in Section 9-102) | [Maine cite section 9-1102] also are proceeds. | Consequently, they are afforded treatment | identical to |
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