(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
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.
§ 9-304. 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.
§ 9-308. When security interest or agricultural lien is perfected; continuity of perfection.
§ 9-309. Security interest perfected upon attachment.
§ 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.
§ 9-319. Rights and title of consignee with respect to creditors and purchasers.
§ 9-321. Licensee of general intangible and lessee of goods in ordinary course of business.
§ 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.
§ 9-332. 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.
§ 9-337. Priority of security interests in goods covered by certificate of title.
§ 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.