24.44.400 Effectiveness of Right of Recoupment or Setoff Against Deposit Account or Certificate of Deposit

(a) Except as otherwise provided in subsection (c), a bank with which a deposit account or certificate of deposit is maintained may exercise any right of recoupment or setoff against a secured party that holds a security interest in the deposit account or certificate of deposit.

(b) Except as otherwise provided in subsection (c), the application of Chapters 24.42 through 24.48 to a security interest in a deposit account or certificate of deposit does not affect a right of recoupment or setoff of the secured party as to a deposit account or certificate of deposit maintained with the secured party.

(c) The exercise by a bank of a setoff against a deposit account or certificate of deposit is ineffective against a secured party that holds a security interest in the deposit account or certificate of deposit which is perfected by control under subdivision (3) of subsection (a) of Section 24.42.040, if the setoff is based on a claim against the debtor.