O.C.G.A. § 11-9-340: Effectiveness of right of recoupment or set-off against deposit account.
Where this section sits in the code
- TITLE 11 Commercial Code
- Article 9 Secured Transactions
- PART 3 Perfection and Priority
- Subpart 4 Rights of Bank
(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.
Collected 2026-09-17T19:34:57Z. Source file · JSON