Anyone know what constitutes delivery of a notice of termination of a deposit account control agreement? Not finding much in my research thus far? Would be great if anyone could point point towards some resources.

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You have to read the notice provision in the agreement - does it say deemed received upon dispatch? 3 days after deposit in the mail…

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Case law if nothing in agreement - also, kind of a silly question but, did you double check it was sent to the correct address/attn? I’m sure you did but just spitballing - or was there a merger and the name of the party changed? Something like that

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Ok, If it’s a company, I would search up the current address on the SOS website (presuming they moved - but this could also show you if they went inactive)…it could be that a change of address was turned on for some time and even got sent to your party but it was misplaced/never updated in your system.

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The issue is that the notice was sent but sent back as “undeliverable.” Was is technically “delivered”/“received?”

I don’t know the answer but curious to see what others might think

No specifics given in agreement. It just says “prior written notice of termination.” I looked to the UCC, and I’m not finding anything there either. Trying to see if any case law speaks it it.

Was it a wrong/outdated address? There might be something in the agreement about each party being responsible for notifying other parties about changes to their respective notice blocks. If they moved and didn’t update their notice address, seems like that would be on them (obviously do your research but this could be another avenue of research to look into). Keep all records of the efforts to send the notice.

Sent to correct address. No back addresses provided.

Assuming this is in connection with a credit facility payoff and the borrowers are sending to the account bank? The borrowers (account owners) would want to be sure it gets delivered, so if you get a bounce-back email, you’d simply want to connect with the account bank to get another email contact or fax, depending on the bank. Quite simple fix, unless I’m completely misunderstanding what you’re asking.

I am asking whether the delivery requirement has been satisfied if sent to supplied addresses (email or snail mail) and the sender receives an undeliverable notification.

Right. The answer is “it depends…”. “On what” has been pretty well covered in the previous responses.

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