409.104(1)(b)(b) The debtor, secured party, and bank have agreed in an authenticated record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; or
409.104(1)(c)(c) The secured party becomes the bank’s customer with respect to the deposit account.
409.104(2)(2)Debtor’s right to direct disposition. A secured party that has satisfied sub. (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
409.104 HistoryHistory: 2001 a. 10.
409.105409.105Control of electronic chattel paper.
409.105(1m)(1m)General rule: control of electronic chattel paper. A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
409.105(2m)(2m)Specific facts giving control. Without limiting the generality of sub. (1m), a system satisfies sub. (1m) if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
409.105(2m)(a)(a) A single authoritative copy of the record or records exists which is unique, identifiable, and, except as otherwise provided in pars. (d) to (f), unalterable;
409.105(2m)(b)(b) The authoritative copy identifies the secured party as the assignee of the record or records;
409.105(2m)(c)(c) The authoritative copy is communicated to and maintained by the secured party or its designated custodian;
409.105(2m)(d)(d) Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the secured party;
409.105(2m)(e)(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
409.105(2m)(f)(f) Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
409.105 HistoryHistory: 2001 a. 10, 416; 2011 a. 206.
409.106409.106Control of investment property.
409.106(1)(1)Control under s. 408.106. A person has control of a certificated security, uncertificated security, or security entitlement as provided in s. 408.106.
409.106(2)(2)Control of commodity contract. A secured party has control of a commodity contract if:
409.106(2)(a)(a) The secured party is the commodity intermediary with which the commodity contract is carried; or
409.106(2)(b)(b) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.
409.106(3)(3)Effect of control of securities account or commodity account. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
409.106 HistoryHistory: 2001 a. 10.
409.107409.107Control of letter-of-credit right. A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person if the issuer or nominated person has consented to an assignment of proceeds of the letter of credit under ch. 405 or otherwise applicable law or practice.
409.107 HistoryHistory: 2001 a. 10.
409.108409.108Sufficiency of description.
409.108(1)(1)Sufficiency of description. Except as otherwise provided in subs. (3) to (5), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.
409.108(2)(2)Examples of reasonable identification. Except as otherwise provided in sub. (4), a description of collateral reasonably identifies the collateral if it identifies the collateral by:
409.108(2)(a)(a) Specific listing;
409.108(2)(b)(b) Category;
409.108(2)(c)(c) Except as otherwise provided in sub. (5), a type of collateral defined in chs. 401 to 411;