Idaho Statutes

Idaho Statutes are updated to the web July 1 following the legislative session.

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TITLE 28
COMMERCIAL TRANSACTIONS
CHAPTER 9
SECURED TRANSACTIONS
PART 3.
PERFECTION AND PRIORITY
28-9-304.  Law governing perfection and priority of security interests in deposit accounts. (a) 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.
(b)  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 chapter, or the uniform commercial code, 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 apply, 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.
(5)  If none of the preceding paragraphs apply, the bank’s jurisdiction is the jurisdiction in which the chief executive office of the bank is located.

History:
[28-9-304, added 2001, ch. 208, sec. 2, p. 729; am. 2002, ch. 107, sec. 2, p. 300.]


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