9340 - Effectiveness of right of recoupment or set-off against deposit account.
SUBCHAPTER D RIGHTS OF BANK Sec. 9340. Effectiveness of right of recoupment or set-off against deposit account. 9341. Bank's rights and duties with respect to deposit account. 9342. Bank's right to refuse to enter into or disclose existence of control agreement. § 9340. Effectiveness of right of recoupment or set-off against deposit account. (a) Exercise of recoupment or set-off.--Except as otherwise provided in subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account. (b) Recoupment or set-off not affected by security interest.--Except as otherwise provided in subsection (c), the application of this division to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party. (c) When set-off ineffective.--The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under section 9104(a)(3) (relating to requirements for control) if the set-off is based on a claim against the debtor. Cross References. Section 9340 is referred to in sections 9109, 9341 of this title.