Uniform Deposit Agreement

(47) `instrument` means a negotiable instrument or any other writing which attests to a right to pay a pecuniary obligation, which is not itself a guarantee contract or a leasing contract and which is of a nature which, in the course of the normal transaction, is transferred by delivery with the necessary confirmation or assignment. This term does not include (i) real estate held as investments, (ii) accredited writings or (iii) that attest to a right of payment resulting from the use of a credit or debit card or information about or for use with the card. There are two main forms of ACTA, each sufficient for control and perfection within the PEA. A „frozen“ control agreement provides that the borrower does not have access to funds in current accounts and that the lender has full control of the funds. The more common springing control agreement provides that the borrower can access current accounts until the lender provides the depositary bank with a notification of sole control. As a general rule, such termination can only be made by the lender if the borrower is late below the underlying credit. Once such notification has been made, the depositary bank must cease to comply with the borrower`s instructions regarding the current account(s) and to follow the lender`s instructions. Typically, a DACA emerging as an exhibition involves some form of proprietary control communication. (65) `debt certificate` means an instrument that demonstrates a promise to pay an obligation to pay, does not demonstrate the order for payment and does not contain any confirmation from a bank that the bank has received a sum of money or money for the deposit. (44) `goods` means all things which are mobile where there is a safeguard interest.

The term (i) „furniture“, (ii) standing wood to be cut and removed under a contract of transport or sale, (iii) young unborn animals from animals, (iv) crops to be grown, cultivated or cultivated, even if the plants are grown on trees, vines or bushes, and (v) prefabricated houses. The term also includes a computer program embedded in goods and all supporting information provided as part of a transaction related to the program, when (i) the program is linked to the goods in such a way that it is normally considered part of the goods, or (ii) a person acquires a right through ownership of the goods, use the program in connection with the goods. The term does not include a computer program embedded in goods consisting exclusively of the medium in which the program is integrated. This term also does not cover accounts, paper, commercial claims, deposit accounts, documents, general intangible assets, instruments, capital goods, acquisition rights, credits, silver or oil, gas or other minerals before extraction. . . .