{"data":{"id":"us-de/6-del.-c.-9-340","jurisdiction":"us-de","citation":"6 Del. C. § 9-340","heading":"Effectiveness of right of recoupment or set-off against deposit account.","body":"(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.\n(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.\n(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.\n(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.","path":["Title 6. Commerce and Trade","SUBTITLE I","Uniform Commercial Code","ARTICLE 9. Secured Transactions","Part 3","Perfection and Priority"],"source_url":"https://delcode.delaware.gov/title6/c009/sc03/index.html#9-340","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:06Z","sha256":"c0c066afc2844cd5736bc6c29a2cae5553dac1eb0611e82211ba7e981d45512d","source_id":"us-de","stale":true,"prev":"us-de/6-del.-c.-9-339","next":"us-de/6-del.-c.-9-341"},"notice":"GroundRules: Original legal text. Not legal advice."}