---
title: O.C.G.A. § 11-9-104. Control of deposit account.
collection: code
id: 11-9-104
cite_as: O.C.G.A. § 11-9-104 (2025)
canonical_url: https://georgiacommons.org/code/11-9-104
md_url: https://georgiacommons.org/code/11-9-104.md
text_url: https://georgiacommons.org/code/11-9-104/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-pdf.pdf?sfvrsn=df925151_0#page=88
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SECURED TRANSACTIONS / GENERAL PROVISIONS / Short Title, Definitions, and General Concepts
---

# O.C.G.A. § 11-9-104. Control of deposit account.

(a) Requirements for control. A secured party has control of a deposit account if:

(1) The secured party is the bank with which the deposit account is maintained;

(2) 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;

(3) The secured party becomes the bank’s customer with respect to the deposit account; or

(4) Another person, other than the debtor:

(A) Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or

(B) Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.

(b) Debtor’s right to direct disposition. A secured party that has satisfied subsection (a) of this Code section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

## History

Code 1981, § 11-9-104, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2024, p. 817, § 5-41/HB 1240, effective July 1, 2024.

## Editor's Notes

Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’”

Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”

## Amendments

The 2024 amendment, effective July 1, 2024, in paragraph (a)(2), substituted “a signed” for “an authenticated” near the beginning and deleted “or” at the end; substituted “; or” for a period at the end of paragraph (a)(3); and added paragraph (a)(4).