70A-9a-304. Law governing perfection and priority of security interests in deposit
accounts.
(1) The local law of a bank's jurisdiction governs perfection, the effect of perfection or
nonperfection, and the priority of a security interest in a deposit account maintained with that
bank.
(2) The following rules determine a bank's jurisdiction for purposes of this part:
(a) If an agreement between the bank and the debtor governing the deposit account
expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part,
this chapter, or this title, that jurisdiction is the bank's jurisdiction.
(b) If Subsection (2)(a) does not apply and an agreement between the bank and its
customer governing the deposit account expressly provides that the agreement is governed by the
law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.
(c) If neither Subsection (2)(a) nor Subsection (2)(b) applies and an agreement between
the bank and its customer governing the deposit account expressly provides that the deposit
account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's
jurisdiction.
(d) If none of the preceding subsections applies, the bank's jurisdiction is the jurisdiction
in which the office identified in an account statement as the office serving the customer's account
is located.
(e) If none of the preceding subsections applies, the bank's jurisdiction is the jurisdiction
in which the chief executive office of the bank is located.
Enacted by Chapter 252, 2000 General Session
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Last revised: Thursday, May 28, 2009