This article applies to:

1. (1) A special deposit made under an account agreement executed on or after the effective date of this article; and

2. (2) A deposit made under an agreement executed before enactment of this article, if:

   1. (A) All parties entitled to amend the agreement agree to make the deposit a special deposit governed by this article; and
   2. (B) The special deposit referenced in the amended agreement satisfies §31A-9-5 of this code.