Delaware Code
Part 3. Perfection and Priority
§ 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 the deposit account notwithstanding that a secured party 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 Section 9-104(a)(3), if the set-off is based on a claim against the debtor.
(d) No creation of set-off or recoupment right and no overriding of limitations or restrictions of other law. — This section neither creates a right of set-off or recoupment nor is it intended to override any limitations or restrictions that other law imposes on the exercise of those rights.

Structure Delaware Code

Delaware Code

Title 6 - Commerce and Trade

Article 9. Secured Transactions

Part 3. Perfection and Priority

§ 9-301. Law governing perfection and priority of security interests.

§ 9-302. Law governing perfection and priority of agricultural liens.

§ 9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title.

§ 9-304. Law governing perfection and priority of security interests in deposit accounts.

§ 9-305. Law governing perfection and priority of security interests in investment property.

§ 9-306. Law governing perfection and priority of security interests in letter-of-credit rights.

§ 9-307. Location of debtor.

§ 9-308. When security interest or agricultural lien is perfected; continuity of perfection.

§ 9-309. Security interest perfected upon attachment.

§ 9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

§ 9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.

§ 9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without f...

§ 9-313. When possession by or delivery to secured party perfects security interest without filing.

§ 9-314. Perfection by control.

§ 9-315. Secured party's rights on disposition of collateral and in proceeds.

§ 9-316. Effect of change in governing law.

§ 9-317. Interests that take priority over or take free of security interest or agricultural lien.

§ 9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

§ 9-319. Rights and title of consignee with respect to creditors and purchasers.

§ 9-320. Buyer of goods.

§ 9-321. Licensee of general intangible and lessee of goods in ordinary course of business.

§ 9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.

§ 9-323. Future advances.

§ 9-324. Priority of purchase-money security interests.

§ 9-326. Priority of security interests created by new debtor.

§ 9-327. Priority of security interests in deposit account.

§ 9-328. Priority of security interests in investment property.

§ 9-329. Priority of security interests in letter-of-credit right.

§ 9-330. Priority of purchaser of chattel paper or instrument.

§ 9-331. Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Article 8.

§ 9-332. Transfer of money; transfer of funds from deposit account.

§ 9-333. Priority of certain liens arising by operation of law.

§ 9-334. Priority of security interests in fixtures and crops.

§ 9-335. Accessions.

§ 9-336. Commingled goods.

§ 9-337. Priority of security interests in goods covered by certificate of title.

§ 9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

§ 9-339. Priority subject to subordination.

§ 9-340. Effectiveness of right of recoupment or set-off against deposit account.

§ 9-341. Bank's rights and duties with respect to deposit account.

§ 9-342. Bank's right to refuse to enter into or disclose existence of control agreement.