Ga. Code § 11-9-340

Current through 2023-2024 Legislative Session Chapters 1-600 and 602-709
Section 11-9-340 - 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 Code 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 Code 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 paragraph (3) of subsection (a) of Code Section 11-9-104, if the set-off is based on a claim against the debtor.

OCGA § 11-9-340

Added by 2001 Ga. Laws 191, § 1, eff. 7/1/2001.