The following rules govern priority among conflicting security interests in the same deposit account:

(1) A security interest held by a secured party having control of the deposit account under N.C. Gen. Stat. § 25-9-104 has priority over a conflicting security interest held by a secured party that does not have control.

Terms Used In North Carolina General Statutes 25-9-327

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3

(2) Except as otherwise provided in subdivisions (3) and (4) of this section, security interests perfected by control under N.C. Gen. Stat. § 25-9-314 rank according to priority in time of obtaining control.

(3) Except as otherwise provided in subdivision (4) of this section, a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.

(4) A security interest perfected by control under N.C. Gen. Stat. § 25-9-104(a)(3) has priority over a security interest held by the bank with which the deposit account is maintained. (1997-181, s. 5; 2000-169, s. 1.)

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