The following rules govern priority among conflicting security interests in the same deposit account:
(1) A security interest held by a secured party having control of the deposit account under Section 9-104 has priority over a conflicting security interest held by a secured party that does not have control.
(2) Except as otherwise provided in paragraphs (3) and (4), security interests perfected by control under Section 9-314 rank according to priority in time of obtaining control.
(3) Except as otherwise provided in paragraph (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.
(4) A security interest perfected by control under Section 9-104(a)(3) has priority over a security interest held by the bank with which the deposit account is maintained.
Structure Delaware Code
Article 9. Secured Transactions
Part 3. Perfection and Priority
§ 9-301. Law governing perfection and priority of security interests.
§ 9-302. Law governing perfection and priority of agricultural liens.
§ 9-304. Law governing perfection and priority of security interests in deposit accounts.
§ 9-305. Law governing perfection and priority of security interests in investment property.
§ 9-306. Law governing perfection and priority of security interests in letter-of-credit rights.
§ 9-308. When security interest or agricultural lien is perfected; continuity of perfection.
§ 9-309. Security interest perfected upon attachment.
§ 9-313. When possession by or delivery to secured party perfects security interest without filing.
§ 9-314. Perfection by control.
§ 9-315. Secured party's rights on disposition of collateral and in proceeds.
§ 9-316. Effect of change in governing law.
§ 9-317. Interests that take priority over or take free of security interest or agricultural lien.
§ 9-319. Rights and title of consignee with respect to creditors and purchasers.
§ 9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
§ 9-324. Priority of purchase-money security interests.
§ 9-326. Priority of security interests created by new debtor.
§ 9-327. Priority of security interests in deposit account.
§ 9-328. Priority of security interests in investment property.
§ 9-329. Priority of security interests in letter-of-credit right.
§ 9-330. Priority of purchaser of chattel paper or instrument.
§ 9-332. Transfer of money; transfer of funds from deposit account.
§ 9-333. Priority of certain liens arising by operation of law.
§ 9-334. Priority of security interests in fixtures and crops.
§ 9-337. Priority of security interests in goods covered by certificate of title.
§ 9-339. Priority subject to subordination.
§ 9-340. Effectiveness of right of recoupment or set-off against deposit account.
§ 9-341. Bank's rights and duties with respect to deposit account.
§ 9-342. Bank's right to refuse to enter into or disclose existence of control agreement.