Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 93 - Perfection and Priority
Section 9340 - 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 division 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 9104(a)(3) (relating to requirements for control) if the set-off is based on a claim against the debtor.

Cross References. Section 9340 is referred to in sections 9109, 9341 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 13 - COMMERCIAL CODE

Chapter 93 - Perfection and Priority

Extra - Chapter Notes

Section 9301 - Law governing perfection and priority of security interests

Section 9302 - Law governing perfection and priority of agricultural liens

Section 9303 - Law governing perfection and priority of security interests in goods covered by certificate of title

Section 9304 - Law governing perfection and priority of security interests in deposit accounts

Section 9305 - Law governing perfection and priority of security interests in investment property

Section 9306 - Law governing perfection and priority of security interests in letter-of-credit rights

Section 9307 - Location of debtor

Section 9308 - When security interest or agricultural lien is perfected; continuity of perfection

Section 9309 - Security interest perfected upon attachment

Section 9310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply

Section 9311 - Perfection of security interests in property subject to certain statutes, regulations and treaties

Section 9312 - 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 with...

Section 9313 - When possession by or delivery to secured party perfects security interest without filing

Section 9314 - Perfection by control

Section 9315 - Secured party's rights on disposition of collateral and in proceeds

Section 9316 - Effect of change in governing law

Section 9317 - Interests which take priority over or take free of security interest or agricultural lien

Section 9318 - No interest retained in right to payment which is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers

Section 9319 - Rights and title of consignee with respect to creditors and purchasers

Section 9320 - Buyer of goods

Section 9321 - Licensee of general intangible and lessee of goods in ordinary course of business

Section 9322 - Priorities among conflicting security interests in and agricultural liens on same collateral

Section 9323 - Future advances

Section 9324 - Priority of purchase-money security interests

Section 9325 - Priority of security interests in transferred collateral

Section 9326 - Priority of security interests created by new debtor

Section 9327 - Priority of security interests in deposit account

Section 9328 - Priority of security interests in investment property

Section 9329 - Priority of security interests in letter-of-credit right

Section 9330 - Priority of purchaser of chattel paper or instrument

Section 9331 - Priority of rights of purchasers of instruments, documents and securities under other divisions; priority of interests in financial assets and security entitlements under Division 8

Section 9332 - Transfer of money; transfer of funds from deposit account

Section 9333 - Priority of certain liens arising by operation of law

Section 9334 - Priority of security interests in fixtures and crops

Section 9335 - Accessions

Section 9336 - Commingled goods

Section 9337 - Priority of security interests in goods covered by certificate of title

Section 9338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information

Section 9339 - Priority subject to subordination

Section 9340 - Effectiveness of right of recoupment or set-off against deposit account

Section 9341 - Bank's rights and duties with respect to deposit account

Section 9342 - Bank's right to refuse to enter into or disclose existence of control agreement