70A-9a-208. Additional duties of secured party having control of collateral.
(1) This section applies to cases in which there is no outstanding secured obligation and
the secured party is not committed to make advances, incur obligations, or otherwise give value.
(2) Within ten days after receiving an authenticated demand by the debtor:
(a) a secured party having control of a deposit account under Subsection
70A-9a-104(1)(b) shall send to the bank with which the deposit account is maintained an
authenticated statement that releases the bank from any further obligation to comply with
instructions originated by the secured party;
(b) a secured party having control of a deposit account under Subsection
70A-9a-104(1)(c) shall:
(i) pay the debtor the balance on deposit in the deposit account; or
(ii) transfer the balance on deposit into a deposit account in the debtor's name;
(c) a secured party, other than a buyer, having control of electronic chattel paper under
Section 70A-9a-105 shall:
(i) communicate the authoritative copy of the electronic chattel paper to the debtor or its
designated custodian;
(ii) if the debtor designates a custodian that is the designated custodian with which the
authoritative copy of the electronic chattel paper is maintained for the secured party,
communicate to the custodian an authenticated record releasing the designated custodian from
any further obligation to comply with instructions originated by the secured party and instructing
the custodian to comply with instructions originated by the debtor; and
(iii) take appropriate action to enable the debtor or its designated custodian to make
copies of or revisions to the authoritative copy which add or change an identified assignee of the
authoritative copy without the consent of the secured party;
(d) a secured party having control of investment property under Subsection
70A-8-105(4)(b) or 70A-9a-106(2) shall send to the securities intermediary or commodity
intermediary with which the security entitlement or commodity contract is maintained an
authenticated record that releases the securities intermediary or commodity intermediary from
any further obligation to comply with entitlement orders or directions originated by the secured
party;
(e) a secured party having control of a letter-of-credit right under Section 70A-9a-107
shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter
of credit to the secured party an authenticated release from any further obligation to pay or
deliver proceeds of the letter of credit to the secured party; and
(f) a secured party having control of an electronic document shall:
(i) give control of the electronic document to the debtor or the debtor's designated
custodian;
(ii) if the debtor designates a custodian that is the designated custodian with which the
authoritative copy of the electronic document is maintained for the secured party, communicate
to the custodian an authenticated record releasing the designated custodian from any further
obligation to comply with instructions originated by the secured party and instructing the
custodian to comply with instructions originated by the debtor; and
(iii) take appropriate action to enable to the debtor or its designated custodian to make
copies of or revisions to the authoritative copy without the consent of the secured party.
Amended by Chapter 42, 2006 General Session
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Last revised: Thursday, May 28, 2009