Mass. Gen. Laws ch. 106 § 9-340

Current through Chapter 112 of the 2024 Legislative Session
Section 106:9-340 - 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 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 9-104(a)(3), if the set-off is based on a claim against the debtor.

Mass. Gen. Laws ch. 106, § 9-340

Amended by Acts 2001, c. 26, § 39, eff. 7/1/2001.