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§ 7-9a-340 — Alabama Law | CourtGPT
  1. Home/
  2. Laws/
  3. Alabama/
  4. Title 7 - Commercial Code/
  5. Article 9a - Secured Transactions/
  6. Part 3 - Perfection and Priority/
  7. Division 4 - Rights of Bank/
  8. § 7-9a-340
Alabama Legal Code

§ 7-9a-340

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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 7-9A-104(a)(3), if the set-off is based on a claim against the debtor.(Act 2001-481, p. 647, §1.)