Mont. Code Ann. § 30-9A-104
Control of deposit account
En. Sec. 3, Ch. 305, L. 1999; amd. Sec. 4, Ch. 179, L. 2001; Sec. 30-9-124, MCA 1999; redes. 30-9A-104 by Code Commissioner, 2001; amd. Sec. 46, Ch. 200, L. 2025.
(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;
- (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;
- (c) the secured party becomes the bank's customer with respect to the deposit account; or
(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.
- (2) A secured party that has satisfied the requirements of subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
History: En. Sec. 3, Ch. 305, L. 1999; amd. Sec. 4, Ch. 179, L. 2001; Sec. 30-9-124, MCA 1999; redes. 30-9A-104 by Code Commissioner, 2001; amd. Sec. 46, Ch. 200, L. 2025.