84-9-327. Priority of security interests in deposit account. 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 K.S.A. 2021 Supp. 84-9-104, and amendments thereto, 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 K.S.A. 2021 Supp. 84-9-314, and amendments thereto, 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 K.S.A. 2021 Supp. 84-9-104(a)(3), and amendments thereto, has priority over a security interest held by the bank with which the deposit account is maintained.
History: L. 2000, ch. 142, ยง 47; July 1, 2001.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
Article 9 - Secured Transactions
84-9-102 Definitions and index of definitions.
84-9-103 Purchase-money security interest; application of payments; burden of establishing.
84-9-104 Control of deposit account.
84-9-105 Control of electronic chattel paper.
84-9-106 Control of investment property.
84-9-107 Control of letter-of-credit right.
84-9-108 Sufficiency of description.
84-9-110 Security interests arising under Article 2 or 2a.
84-9-201 General effectiveness of security agreement.
84-9-202 Title to collateral immaterial.
84-9-204 After-acquired property; future advances.
84-9-205 Use or disposition of collateral permissible.
84-9-206 Security interest arising in purchase or delivery of financial asset.
84-9-207 Rights and duties of secured party having possession or control of collateral.
84-9-208 Additional duties of secured party having control of collateral.
84-9-209 Duties of secured party if account debtor has been notified of assignment.
84-9-210 Request for accounting; request regarding list of collateral or statement of account.
84-9-301 Law governing perfection of priority of security interests.
84-9-302 Law governing perfection and priority of agricultural liens.
84-9-304 Law governing perfection and priority of security interests in deposit accounts.
84-9-305 Law governing perfection and priority of security interests in investment property.
84-9-306 Law governing perfection and priority of security interests in letter-of-credit rights.
84-9-308 When security interest or agricultural lien is perfected; continuity of perfection.
84-9-309 Security interest perfected upon attachment.
84-9-313 When possession by or delivery to secured party perfects security interest without filing.
84-9-314 Perfection by control.
84-9-315 Secured party's rights on disposition of collateral and in proceeds.
84-9-316 Continued perfection of security interest following change in governing law.
84-9-317 Interests that take priority over or take free of security interest or agricultural lien.
84-9-319 Rights and title of consignee with respect to creditors and purchasers.
84-9-321 Licensee of general intangible and lessee of goods in ordinary course of business.
84-9-324 Priority of purchase-money security interests.
84-9-325 Priority of security interests in transferred collateral.
84-9-326 Priority of security interests created by new debtor; multiple original debtors.
84-9-327 Priority of security interests in deposit account.
84-9-328 Priority of security interests in investment property.
84-9-329 Priority of security interests in letter-of-credit right.
84-9-330 Priority of purchaser of chattel paper or instrument.
84-9-332 Transfer of money; transfer of funds from deposit account.
84-9-333 Priority of certain liens arising by operation of law.
84-9-334 Priority of security interests in fixtures and crops.
84-9-337 Priority of security interests in goods covered by certificate of title.
84-9-339 Priority subject to subordination.
84-9-340 Effectiveness of right of recoupment or set-off against deposit account.
84-9-341 Bank's rights and duties with respect to deposit account.
84-9-342 Bank's right to refuse to enter into or disclose existence of control agreement.
84-9-401 Alienability of debtor's rights.
84-9-402 Secured party not obligated on contract of debtor or in tort.
84-9-403 Agreement not to assert defenses against assignee.
84-9-404 Rights acquired by assignee; claims and defenses against assignee.
84-9-405 Modification of assigned contract.
84-9-409 Restrictions on assignment of letter-of-credit rights ineffective.
84-9-503 Same; name of debtor.
84-9-504 Indication of collateral.
84-9-506 Effect of errors or omissions.
84-9-508 Effectiveness of financing statement if new debtor becomes bound by security agreement.
84-9-509 Persons entitled to file a record.
84-9-510 Effectiveness of filed record.
84-9-511 Secured party of record.
84-9-512 Amendment of financing statement.
84-9-513 Termination statement.
84-9-514 Assignment of powers of secured party of record.
84-9-516 What constitutes filing; effectiveness of filing.
84-9-517 Effect of indexing errors.
84-9-518 Filing information statements identifying inaccurate or wrongfully filed records; contents.
84-9-520 Acceptance and refusal to accept record.
84-9-521 Written initial financing statement and amendment; form.
84-9-522 Maintenance and destruction of records.
84-9-523 Information from filing office; sale or license of records.
84-9-524 Delay by filing office.
84-9-602 Waiver and variance of rights and duties.
84-9-603 Agreement on standards concerning rights and duties.
84-9-604 Procedure if security agreement covers real property or fixtures.
84-9-605 Unknown debtor or secondary obligor.
84-9-606 Time of default for agricultural lien.
84-9-607 Collection and enforcement by secured party.
84-9-610 Disposition of collateral after default.
84-9-611 Notification before disposition of collateral.
84-9-612 Timelines of notification before disposition of collateral.
84-9-613 Contents and form of notification before disposition of collateral; general.
84-9-615 Application of proceeds of disposition; liability for deficiency and right to surplus.
84-9-616 Explanation of calculation of surplus or deficiency.
84-9-617 Rights of transferee of collateral.
84-9-619 Transfer of record or legal title.
84-9-621 Notification of proposal to accept collateral.
84-9-622 Effect of acceptance of collateral.
84-9-623 Right to redeem collateral.
84-9-625 Judicial remedies for secured party noncompliance; damages.
84-9-627 Determination of whether conduct was commercially reasonable.
84-9-628 Nonliability and limitation on liability of secured party.
84-9-703 Security interest perfected before effective date.
84-9-704 Security interest unperfected before effective date.
84-9-705 Effectiveness of action taken before effective date.
84-9-706 When initial financing statement suffices to continue effectiveness of financing statement.
84-9-707 Pre-effective-date financing statement; applicable law; amendment.
84-9-708 Persons entitled to file initial financing statement or continuation statement.
84-9-801 Specifying sections that are part of article 9 of the uniform act.
84-9-803 Security interest perfected before effective date.
84-9-804 Security interest unperfected before effective date.
84-9-805 Effectiveness of action taken before effective date.
84-9-806 When initial financing statement suffices to continue effectiveness of financing statement.
84-9-807 Amendment of pre-effective date financing statement.
84-9-808 Person entitled to file initial financing statement or continuation statement.