(1). A secured party has control of a deposit account if:
(a). The secured party is the bank with which the deposit account is maintained; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). The debtor, secured party and bank have agreed in a signed 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; [PL 2023, c. 669, Pt. A, §84 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]
(c). The secured party becomes the bank's customer with respect to the deposit account; or [PL 2023, c. 669, Pt. A, §84 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]
(d). Another person, other than the debtor: (i) Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or (ii) Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party. [PL 2023, c. 669, Pt. A, §84 (NEW); PL 2023, c. 669, Pt. E, §1 (AFF).]
(i) Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or
(ii) Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party. [PL 2023, c. 669, Pt. A, §84 (NEW); PL 2023, c. 669, Pt. E, §1 (AFF).]
(2). A secured party that has satisfied subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.