Title 11, Chapter 9, Section 340
( 11-9-340)
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) of this Code section, 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) of this Code section, 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) 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 paragraph (3) of subsection (a) of Code Section 11-9-104, if the set-off is based on a claim against the debtor. |