Title 11. COMMERCIAL CODE · Chapter 9. · Article 9. SECURED TRANSACTIONS · Part 3. PERFECTION AND PRIORITY
11-9-304. Law governing perfection and priority of security interests in deposit accounts.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Law of bank’s jurisdiction governs. 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 even if the transaction does not bear any relation to the bank’s jurisdiction.#
- (b)
Bank’s jurisdiction. The following rules determine a bank’s jurisdiction for purposes of this part:#
- (1)
If an agreement between the bank and its customer governing the deposit account expressly provides that a particular jurisdiction is the bank’s jurisdiction for purposes of this part, this article, or this title, that jurisdiction is the bank’s jurisdiction;#
- (2)
If paragraph (1) of this subsection 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;#
- (3)
If neither paragraph (1) nor (2) of this subsection 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;#
- (4)
If none of the preceding paragraphs of this subsection 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; and#
- (5)
If none of the preceding paragraphs of this subsection applies, the bank’s jurisdiction is the jurisdiction in which the chief executive office of the bank is located.#
History
Code 1981, § 11-9-304, enacted by Ga. L. 2001, p. 362, § 1; Ga. L. 2002, p. 995, § 4; Ga. L. 2024, p. 817, § 5-52/HB 1240, effective July 1, 2024.
Amendments
The 2024 amendment, effective July 1, 2024, added “even if the transaction does not bear any relation to the bank’s jurisdiction” at the end of subsection (a).
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.”
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-pdf.pdf, Volume V9, 2022 edition, 2025 supplement, pages 103 to 104; merge action: replaced; file SHA-256 df9393c4ba3b.
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