Haw. Rev. Stat. § 490:9-340

Current through Act 47 of the 2024 Legislative Session
Section 490:9-340 - Effectiveness of right of recoupment or set-off against deposit account
(a) 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) 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) 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 490:9-104(a)(3), if the set-off is based on a claim against the debtor.

HRS § 490:9-340

L 2000, c 241 , pt of §1