Deposit accounts, certificates of deposit, brokerage accounts, and mutual funds can be used as loan collateral. Although that sounds simple, the only way to perfect a security interest is by taking possession of the account or obtaining a “control agreement” signed by three parties: the debtor, secured party, and institution holding the account. Simply filing a UCC-1 financing statement does not properly perfect your interest. Applicable to both consumer and business loans, these rules apply whether the borrower is pledging a certificate of deposit at your institution or a mutual fund or brokerage account held at another bank or brokerage firm.
The control agreement must comply with UCC requirements. In addition, there are provisions that should be considered depending on whether your bank is the creditor taking a security interest or the depository that holds the account. This webinar will include a sample deposit account control agreement form that explains which provisions benefit the secured party versus those that benefit the institution holding the account.
- How to obtain a security interest in deposit accounts, certificates of deposit, brokerage accounts, mutual funds, etc.
- Properly perfect your security interest
- Perfection by possession versus perfection by control agreement
- Necessary control agreement provisions, including those that benefit the secured party versus the institution holding the account
- Bank liabilities and responsibilities
- How to liquidate a deposit or brokerage account in the event of default
- Difference between a collateral security interest and a right of setoff to a deposit account
- Sample control agreement form to perfect your security interest
- Employee training log
- Quiz you can administer to measure staff learning and a separate answer key
WHO SHOULD ATTEND?
This informative session will benefit loan officers at all levels, loan operations personnel, credit administration staff, and others involved in the credit process.
Please note: The live webinar option allows you to have one telephone connection for the audio portion and one Internet connection (from a single computer terminal) to view online visuals as the presentation is delivered. You may have as many people as you like listen from your office speaker phone.
ABOUT THE PRESENTER – Elizabeth Fast, JD, CPA, Spencer Fane LLP
Elizabeth Fast is a partner with Spencer Fane LLP where she specializes in the representation of financial institutions. Elizabeth is the head of the firm’s training division. She received her law degree from the University of Kansas and her undergraduate degree from Pittsburg State University. In addition, she has a Master of Business Administration degree and she is a Certified Public Accountant. Before joining Spencer Fane, she was General Counsel, Senior Vice President, and Corporate Secretary of a $9 billion bank with more than 130 branches, where she managed all legal, regulatory, and compliance functions. She is a member of the Missouri State Banking Board by appointment of the Governor.
Originally recorded on August 2, 2018.
Recorded webinar link is available until February 28, 2018.
Free Digital Copy included with purchase to download and view beyond link expiration date.
Price includes sales tax.