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§ 46-9-340 — West Virginia Law | CourtGPT
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  5. Article 9 - Secured Transactions; Sales of Accounts and Chattel Paper§46-9-101. Short Title/
  6. § 46-9-340
West Virginia Legal Code

§ 46-9-340

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§46-9-340. 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) of this 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 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 section 9-104(a)(3), if the set-off is based on a claim against the debtor.