Section 9--340. Effectiveness of Right of Recoupment or Set-off Against Deposit Account  


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  • (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 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 Section 9--104(a)(3), if the set-off is based on  a  claim
      against the debtor.