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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

6 Del. C. § 9-340: Effectiveness of right of recoupment or set-off against deposit account.

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Where this section sits in the code
  1. Title 6. Commerce and Trade
  2. SUBTITLE I
  3. Uniform Commercial Code
  4. ARTICLE 9. Secured Transactions
  5. Part 3
  6. Perfection and Priority

(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.

Collected 2026-09-05T23:02:06Z. Source file · JSON

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