Del. Code tit. 6 § 9-340

Current through 2024 Legislative Session Act Chapter 510
Section 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), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against the deposit account notwithstanding that a secured party holds a security interest in the deposit account.
(b) Recoupment or setoff 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.
(d) No creation of set-off or recoupment right and no overriding of limitations or restrictions of other law. -- This section neither creates a right of set-off or recoupment nor is it intended to override any limitations or restrictions that other law imposes on the exercise of those rights.

6 Del. C. § 9-340

72 Del. Laws, c. 401, § 1.;