2018 Louisiana Laws
Revised Statutes
TITLE 10 - Commercial Laws
RS 10:9-340 - Effectiveness of right of compensation, recoupment, or set-off against deposit account
SUBPART 4. RIGHTS OF BANK
§9-340. Effectiveness of right of compensation, recoupment, or set-off against deposit account
(a) Exercise of compensation, 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 compensation, recoupment, or set-off against a secured party that holds a security interest in the deposit account.
(b) Compensation, recoupment, or set-off not affected by security interest. Except as otherwise provided in Subsection (c), the application of this Chapter 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 R.S. 10:9-104(a)(3), if the set-off is based on a claim against the debtor.
Acts 2001, No. 128, §1, eff. July 1, 2001.
