1.  A secured party has control of a deposit account if:

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Terms Used In Nevada Revised Statutes 104.9104

  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039

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

(b) 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;

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

(d) Another person, other than the debtor:

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

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

2.  A secured party that has satisfied subsection 1 has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.