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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 92 - Effectiveness of Security Agreement, Attachment of Security Interest and Rights of Parties to Security Agreement
Section 9208 - Additional duties of secured party having control of collateral
§ 9208. Additional duties of secured party having control of
collateral.
(a) Applicability of section.--This section applies to cases
in which there is no outstanding secured obligation and the
secured party is not committed to make advances, incur
obligations or otherwise give value.
(b) Duties of secured party after receiving demand from
debtor.--Within ten days after receiving an authenticated demand
by the debtor:
(1) A secured party having control of a deposit account
under section 9104(a)(2) (relating to control of deposit
account) shall send to the bank with which the deposit
account is maintained an authenticated statement which
releases the bank from any further obligation to comply with
instructions originated by the secured party.
(2) A secured party having control of a deposit account
under section 9104(a)(3) shall:
(i) pay the debtor the balance on deposit in the
deposit account; or
(ii) transfer the balance on deposit into a deposit
account in the debtor's name.
(3) A secured party, other than a buyer, having control
of electronic chattel paper under section 9105 (relating to
control of electronic chattel paper) shall:
(i) communicate the authoritative copy of the
electronic chattel paper to the debtor or its designated
custodian;
(ii) if the debtor designates a custodian that is
the designated custodian with whom or which the
authoritative copy of the electronic chattel paper is
maintained for the secured party, communicate to the
custodian an authenticated record releasing the
designated custodian from any further obligation to
comply with instructions originated by the secured party
and instructing the custodian to comply with instructions
originated by the debtor; and
(iii) take appropriate action to enable the debtor
or its designated custodian to make copies of or
revisions to the authoritative copy which add or change
an identified assignee of the authoritative copy without
the consent of the secured party.
(4) A secured party having control of investment
property under section 8106(d)(2) (relating to control of
security entitlement) or 9106(b) (relating to control of
commodity contract) shall send to the securities intermediary
or commodity intermediary with which the security entitlement
or commodity contract is maintained an authenticated record
which releases the securities intermediary or commodity
intermediary from any further obligation to comply with
entitlement orders or directions originated by the secured
party.
(5) A secured party having control of a letter-of-credit
right under section 9107 (relating to control of letter-of-
credit right) shall send to each person having an unfulfilled
obligation to pay or deliver proceeds of the letter of credit
to the secured party an authenticated release from any
further obligation to pay or deliver proceeds of the letter
of credit to the secured party.
(6) A secured party having control of an electronic
document shall:
(i) give control of the electronic document to the
debtor or its designated custodian;
(ii) if the debtor designates a custodian that is
the designated custodian with which the authoritative
copy of the electronic document is maintained for the
secured party, communicate to the custodian an
authenticated record releasing the designated custodian
from any further obligation to comply with instructions
originated by the secured party and instructing the
custodian to comply with instructions originated by the
debtor; and
(iii) take appropriate action to enable the debtor
or its designated custodian to make copies of or
revisions to the authoritative copy which add or change
an identified assignee of the authoritative copy without
the consent of the secured party.
(Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment. Act 13 added subsec. (b)(6).
Cross References. Section 9208 is referred to in section
9625 of this title.
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