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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 29. Secured Transactions
- Section 208. Additional Duties of Secured Party Having Control of Collateral.
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Section 207. Rights and Duties of Secured Party Having Possession or Control of Collateral.
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Section 209. Duties of Secured Party If Account Debtor Has Been Notified of Assignment.
AS 45.29.208. Additional Duties of Secured Party Having Control of Collateral.
- (a) This section applies to a case 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) Within 10 days after receiving an authenticated demand by the debtor a secured party
- (1) having control of a deposit account under AS 45.29.104
(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the
bank from further obligation to comply with instructions originated by the secured party;
- (2) having control of a deposit account under AS 45.29.104
(a)(3) 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) other than a buyer, having control of electronic chattel paper under AS 45.29.105
shall
- (A) communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian;
- (B) if the debtor designates a custodian that is the designated custodian with which the authoritative copy of the
electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record
releasing the designated custodian from further obligation to comply with instructions originated by the secured party
and instructing the custodian to comply with instructions originated by the debtor; and
- (C) take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the
authoritative copy that add or change an identified assignee of the authoritative copy without the consent of the
secured party;
- (4) having control of investment property under AS 45.08.106
(d)(2) or AS 45.29.106
(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or
commodity contract is maintained an authenticated record that releases the securities intermediary or commodity
intermediary from further obligation to comply with entitlement orders or directions originated by the secured party;
and
- (5) having control of a letter-of-credit right under AS 45.29.107
shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the
secured party an authenticated release from further obligation to pay or deliver proceeds of the letter of credit to
the secured party.
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