{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.9A-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.9A-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.9A-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.9A-104.html"}],"law_id":378357,"edition_id":2,"section_id":378357,"structure_id":53766,"section_number":"8.9A-104","catch_line":"Control of deposit account","history":"2000, c. 1007; 2024, c. 652.","full_text":"a\n\nRequirements for control. A secured party has control of a deposit account if:\n\n1\n\nthe secured party is the bank with which the deposit account is maintained;\n\n2\n\nthe 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;\n\n3\n\nthe secured party becomes the bank’s customer with respect to the deposit account; or\n\n4\n\nanother person, other than the debtor:\n\nA\n\nhas control of the deposit account and acknowledges that it has control on behalf of the secured party; or\n\nB\n\nobtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.\n\nb\n\nDebtor’s right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.\n\n","order_by":null,"text":{"0":{"id":1411962,"text":"Requirements for control. A secured party has control of a deposit account if:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":1411963,"text":"the secured party is the bank with which the deposit account is maintained;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":1411964,"text":"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;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":1411965,"text":"the secured party becomes the bank’s customer with respect to the deposit account; or","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":1411966,"text":"another person, other than the debtor:","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"A"},"5":{"id":1411967,"text":"has control of the deposit account and acknowledges that it has control on behalf of the secured party; or","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"a4","next_prefix":"B"},"6":{"id":1411968,"text":"obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"b"},"7":{"id":1411969,"text":"Debtor’s right to direct disposition. A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"B"}},"ancestry":[{"id":53766,"edition_id":2,"name":"Short Title, Definitions and General Concepts","identifier":"1","label":"subpart","depth":3,"order_by":1,"parent_id":53765,"metadata":{"child_laws":11,"child_structures":0},"date_created":"2026-08-02 03:21:54","date_modified":"2026-08-02 12:28:36","permalink":{"id":1510839,"object_type":"structure","relational_id":53766,"identifier":"1","token":"8.9A\/1\/1","url":"\/8.9A\/1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53765,"edition_id":2,"name":"General Provisions","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":53764,"metadata":{"child_laws":13,"child_structures":2},"date_created":"2026-08-02 03:21:54","date_modified":"2026-08-02 12:28:36","permalink":{"id":1510837,"object_type":"structure","relational_id":53765,"identifier":"1","token":"8.9A\/1","url":"\/8.9A\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53764,"edition_id":2,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":30,"parent_id":null,"metadata":{"child_laws":153,"child_structures":20},"date_created":"2026-08-02 03:21:54","date_modified":"2026-08-02 12:28:36","permalink":{"id":1510835,"object_type":"structure","relational_id":53764,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378354,"structure_id":53766,"section_number":"8.9A-101","catch_line":"Short title","url":"\/8.9A-101\/","token":"8.9A\/1\/1\/8.9A-101","metadata":false},{"id":378355,"structure_id":53766,"section_number":"8.9A-102","catch_line":"Definitions and index of definitions","url":"\/8.9A-102\/","token":"8.9A\/1\/1\/8.9A-102","metadata":false},{"id":378356,"structure_id":53766,"section_number":"8.9A-103","catch_line":"Purchase-money security interest; application of payments; burden of establishing","url":"\/8.9A-103\/","token":"8.9A\/1\/1\/8.9A-103","metadata":false},{"id":378357,"structure_id":53766,"section_number":"8.9A-104","catch_line":"Control of deposit account","url":"\/8.9A-104\/","token":"8.9A\/1\/1\/8.9A-104","metadata":false},{"id":378359,"structure_id":53766,"section_number":"8.9A-105","catch_line":"Control of electronic copy of record evidencing chattel paper","url":"\/8.9A-105\/","token":"8.9A\/1\/1\/8.9A-105","metadata":false},{"id":378358,"structure_id":53766,"section_number":"8.9A-105.1","catch_line":"Control of electronic money","url":"\/8.9A-105.1\/","token":"8.9A\/1\/1\/8.9A-105.1","metadata":false},{"id":378360,"structure_id":53766,"section_number":"8.9A-106","catch_line":"Control of investment property","url":"\/8.9A-106\/","token":"8.9A\/1\/1\/8.9A-106","metadata":false},{"id":378363,"structure_id":53766,"section_number":"8.9A-107","catch_line":"Control of letter-of-credit right","url":"\/8.9A-107\/","token":"8.9A\/1\/1\/8.9A-107","metadata":false},{"id":378361,"structure_id":53766,"section_number":"8.9A-107.1","catch_line":"Control of controllable electronic record, controllable account, or controllable payment intangible","url":"\/8.9A-107.1\/","token":"8.9A\/1\/1\/8.9A-107.1","metadata":false},{"id":378362,"structure_id":53766,"section_number":"8.9A-107.2","catch_line":"No requirement to acknowledge or confirm; no duties","url":"\/8.9A-107.2\/","token":"8.9A\/1\/1\/8.9A-107.2","metadata":{"court_decisions":""}},{"id":378364,"structure_id":53766,"section_number":"8.9A-108","catch_line":"Sufficiency of description","url":"\/8.9A-108\/","token":"8.9A\/1\/1\/8.9A-108","metadata":{"court_decisions":{"0":{"name":"In Re the Holladay House, Inc.","case_number":"07-34887","citation":"387 B.R. 689","date":"2008-03-14","url":"https:\/\/www.courtlistener.com\/opinion\/1926443\/in-re-the-holladay-house-inc\/","abstract":" .\u202f.\u202f. 387 B.R. 689 (2008) .\u202f.\u202f. ","court_html":"United States Bankruptcy Court, E.D. Virginia"}}}}],"previous_section":{"id":378356,"structure_id":53766,"section_number":"8.9A-103","catch_line":"Purchase-money security interest; application of payments; burden of establishing","url":"\/8.9A-103\/","token":"8.9A\/1\/1\/8.9A-103","metadata":false},"next_section":{"id":378359,"structure_id":53766,"section_number":"8.9A-105","catch_line":"Control of electronic copy of record evidencing chattel paper","url":"\/8.9A-105\/","token":"8.9A\/1\/1\/8.9A-105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-104\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 1007<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 652<\/a>.<\/p>","references":[{"id":378362,"section_number":"8.9A-107.2","catch_line":"No requirement to acknowledge or confirm; no duties","order_by":null,"url":"\/8.9A-107.2\/"},{"id":378369,"section_number":"8.9A-203","catch_line":"Attachment and enforceability of security interest; proceeds, supporting obligations; formal requisites","order_by":null,"url":"\/8.9A-203\/"},{"id":378374,"section_number":"8.9A-207","catch_line":"Rights and duties of secured party having possession or control of collateral","order_by":null,"url":"\/8.9A-207\/"},{"id":378375,"section_number":"8.9A-208","catch_line":"Additional duties of secured party having control of collateral","order_by":null,"url":"\/8.9A-208\/"},{"id":378394,"section_number":"8.9A-314","catch_line":"Perfection by control","order_by":null,"url":"\/8.9A-314\/"},{"id":378408,"section_number":"8.9A-327","catch_line":"Priority of security interests in deposit account","order_by":null,"url":"\/8.9A-327\/"},{"id":378421,"section_number":"8.9A-340","catch_line":"Effectiveness of right of recoupment or set-off against deposit account","order_by":null,"url":"\/8.9A-340\/"},{"id":378423,"section_number":"8.9A-342","catch_line":"Bank's right to refuse to enter into or disclose existence of control agreement","order_by":null,"url":"\/8.9A-342\/"},{"id":378461,"section_number":"8.9A-601","catch_line":"Rights after default; judicial enforcement, consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes","order_by":null,"url":"\/8.9A-601\/"},{"id":378467,"section_number":"8.9A-607","catch_line":"Collection and enforcement by secured party","order_by":null,"url":"\/8.9A-607\/"}],"refers_to":false,"permalink":{"id":1510853,"object_type":"law","relational_id":378357,"identifier":"8.9A-104","token":"8.9A\/1\/1\/8.9A-104","url":"\/8.9A-104\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.9A-104\/","token":"8.9A\/1\/1\/8.9A-104","dublin_core":{"Title":"Control of deposit account","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Requirements for control. A secured party<\/span> has control of a deposit account if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the secured party<\/span> is the bank with which the deposit account is maintained; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the debtor, secured party<\/span>, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party<\/span> directing disposition<\/span> of the funds in the deposit account without further consent by the debtor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the secured party<\/span> becomes the bank’s customer with respect to the deposit account; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> another person, other than the debtor: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> has control of the deposit account and acknowledges that it has control on behalf of the secured party<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Debtor’s right to direct disposition<\/span>. A secured party<\/span> that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition<\/span> of funds from the deposit account. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTROL OF DEPOSIT ACCOUNT (\u00a7 8.9A-104)\n\na. Requirements for control. A secured party has control of a deposit account\nif:\n\n 1. the secured party is the bank with which the deposit account is maintained;\n\n 2. the debtor, secured party, and bank have agreed in a signed record that the\n bank will comply with instructions originated by the secured party directing\n disposition of the funds in the deposit account without further consent by the\n debtor;\n\n 3. the secured party becomes the bank’s customer with respect to the\n deposit account; or\n\n 4. another person, other than the debtor:\n\nA. has control of the deposit account and acknowledges that it has control on\nbehalf of the secured party; or\n\nB. obtains control of the deposit account after having acknowledged that it will\nobtain control of the deposit account on behalf of the secured party.\n\nb. Debtor’s right to direct disposition. A secured party that has\nsatisfied subsection (a) has control, even if the debtor retains the right to\ndirect the disposition of funds from the deposit account.\n\nHISTORY: 2000, c. 1007; 2024, c. 652.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}