2011 Kansas Code
Chapter 84. - UNIFORM COMMERCIAL CODE
Article 9. - SECURED TRANSACTIONS
84-9-340 Effectiveness of right of recoupment or set-off against deposit account.
84-9-340. 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), 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 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 K.S.A. 2010 Supp. 84-9-104(a)(3) and amendments thereto, if the set-off is based on a claim against the debtor.
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