North Dakota Code § 41-09-04

(9-104) Control of deposit account or uncertificated certificate of deposit
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1. A secured party has control of a deposit account or uncertificated certificate of deposit 
if:
a. The secured party is the bank with which the deposit account or uncertificated 
certificate of deposit is maintained;
b. The debtor, secured party, and bank have agreed in a signed record that the bank 
will comply with instructions originated by the secured party directing disposition 
of the funds in the deposit account or uncertificated certificate of deposit without 
further consent by the debtor;
c. The secured party becomes the bank's customer with respect to the deposit 
account or uncertificated certificate of deposit; or
d. Another person, other than the debtor:
(1) Has control of the deposit account and acknowledges that it has control on 
behalf of the secured party; or
(2) Obtains control of the deposit account after having acknowledged that it will 
obtain control of the deposit account on behalf of the secured party.
2. A secured party that has satisfied subsection 1 has control, even if the debtor retains 
the right to direct the disposition of funds from the deposit account or uncertificated 
certificate of deposit.

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