2009 Iowa Code
Title 13 - Commerce
Subtitle 2 - Financial Institutions
CHAPTER 524 - BANKS
524.811 - ADVERSE CLAIMS TO PROPERTY IN SAFE DEPOSIT AND SAFEKEEPING.

        524.811  ADVERSE CLAIMS TO PROPERTY IN SAFE DEPOSIT
      AND SAFEKEEPING.
         1.  A state bank shall not be required, in the absence of a court
      order or indemnity required by this section, to recognize any claim
      to, or claim of authority to exercise control over, property held in
      safe deposit or property held for safekeeping pursuant to section
      524.813 made by a person or persons other than:
         a.  The customer in whose name the property is held by the
      state bank.
         b.  An individual or group of individuals who are authorized
      to have access to the safe deposit box, or to the property held for
      safekeeping, pursuant to a certified corporate resolution or other
      written arrangement with the customer, currently on file with the
      state bank, which has not been revoked by valid corporate action in
      the case of a corporation, or by a valid agreement or other valid
      action appropriate for the form of legal organization of any other
      customer, of which the state bank has received notice and which is
      not the subject of a dispute known to the state bank as to its
      original validity.  The safe deposit and safekeeping account records
      of a state bank shall be presumptive evidence as to the identity of
      the customer on whose behalf the money is held.
         2.  To require a state bank to recognize an adverse claim to, or
      adverse claim of authority to control, property held in safe deposit
      or for safekeeping, whoever makes the claim must either:
         a.  Obtain and serve on the state bank an appropriate court
      order or judicial process directed to the state bank, restraining any
      action with respect to the property until further order of such court
      or instructing the state bank to deliver the property, in whole or in
      part, as provided in the order or process; or
         b.  Deliver to the state bank a bond, in form and amount and
      with sureties satisfactory to the state bank, indemnifying the state
      bank against any liability, loss or expense which it might incur
      because of its recognition of the adverse claim or because of its
      refusal to deliver the property to any person described in paragraphs
      "a" and "b" of subsection 1 of this section.  
         n History: Early Form
         [C71, 73, 75, 77, 79, 81, § 524.811]
         Referred to in § 524.108

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