Chapter 55, Article 9 NMSA 1978 does not require a bank to enter into an agreement of the kind described in Paragraph (2) of Subsection (a) of Section 55-9-104 NMSA 1978, even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
History: 1978 Comp., § 55-9-342, enacted by Laws 2001, ch. 139, § 62.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
1. Source. New; derived from section 8-106(g).
2. Protection for Bank. This section protects banks from the need to enter into agreements against their will and from the need to respond to inquiries from persons other than their customers.
Effective dates. — Laws 2001, ch. 139, § 155 makes the act effective July 1, 2001.
Structure New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 9 - Secured Transactions
Part 3 - PERFECTION AND PRIORITY
Section 55-9-340 - Effectiveness of right of recoupment or set-off against deposit account.
Section 55-9-341 - Bank's rights and duties with respect to deposit account.
Section 55-9-342 - Bank's right to refuse to enter into or disclose existence of control agreement.