2023 CODE OF GEORGIA › Title 11 - COMMERCIAL CODE (§§ 11-1-101 — 11-13-102) › Article 9 - SECURED TRANSACTIONS (§§ 11-9-101 — 11-9-809) › Part 2 - EFFECTIVENESS OF SECURITY AGREEMENT; ATTACHMENT OF SECURITY INTEREST; RIGHTS OF PARTIES TO SECURITY AGREEMENT (§§ 11-9-201 — 11-9-210) › Subpart 2 - RIGHTS AND DUTIES (§§ 11-9-207 — 11-9-210) › Section 11-9-208 - Additional duties of secured party having control of collateral

(a)
Applicability of Code section.
This Code 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 a signed demand by the debtor:
(1)
A secured party having control of a deposit account under paragraph (2) of subsection (a) of Code Section
11-9-104
shall send to the bank with which the deposit account is maintained a signed record that 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 paragraph (3) of subsection (a) of Code Section
11-9-104
shall:
(A)
Pay the debtor the balance on deposit in the deposit account; or
(B)
Transfer the balance on deposit into a deposit account in the debtor's name;
(3)
A secured party, other than a buyer, having control under Code Section
11-9-105
of an authoritative electronic copy of a record evidencing chattel paper shall transfer control of the electronic copy to the debtor or a person designated by the debtor;
(4)
A secured party having control of investment property under paragraph (2) of subsection (d) of Code Section
11-8-106
or subsection (b) of Code Section
11-9-106
shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained a signed record that 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 Code Section
11-9-107
shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party a signed 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 under Code Section
11-7-106
of an authoritative electronic copy of an electronic document shall transfer control of the electronic copy to the debtor or a person designated by the debtor;
(7)
A secured party having control under Code Section
11-9-105
A of electronic money shall transfer control of the electronic money to the debtor or a person designated by the debtor; and
(8)
A secured party having control under Code Section 11-12-105 of a controllable electronic record, other than a buyer of a controllable account or controllable payment intangible evidenced by the controllable electronic record, shall transfer control of the controllable electronic record to the debtor or a person designated by the debtor.
Amended by 2024 Ga. Laws 600,§ 5-49, eff. 7/1/2024.
Amended by 2010 Ga. Laws 470,§ 2-22, eff. 5/27/2010.
Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.