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N.C. Gen. Stat. § 25-9-340

Effectiveness of right of recoupment or setoff against deposit account

Known as the Uniform Commercial Code

The act spans §§ 25–25 (616 sections).

Applied in 1 court decision — leading case 485 F. App'x 403 - In Re: Checking Account Overdraft Litigation MDL No. 2036 Doris Powell-Perry v. Branch Banking And Trust Company (2012)

Most recently applied in 485 F. App'x 403 - In Re: Checking Account Overdraft Litigation MDL No. 2036 Doris Powell-Perry v. Branch Banking And Trust Company (July 2012)

2000-169, s. 1.

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

(b) Recoupment or setoff not affected by security interest. - Except as otherwise provided in subsection (c) of this section, the application of this Article to a security interest in a deposit account does not affect a right of recoupment or setoff of the secured party as to a deposit account maintained with the secured party.

(c) When setoff ineffective. - The exercise by a bank of a setoff 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 G.S. 25-9-104(a)(3), if the setoff is based on a claim against the debtor.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.