57A-9-340. Bank's right of recoupment or setoff against party holding security interest in deposit account.
137 words·~1 min read·
/sd/title-57/chapter-57-9/57a-9-340A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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)Except as otherwise provided in subsection (c), the application of this article 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)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 § 57A-9-104(a)(3), if the set - off is based on a claim against the debtor.