Section 45.29.340. Effectiveness of right of recoupment or setoff against deposit account.

   (a) Except as otherwise provided in (c) of this section, a bank with which a deposit account is maintained may exercise a right of recoupment or setoff against a secured party that holds a security interest in the deposit account.
   (b) Except as otherwise provided in (c) of this section, the application of this chapter 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) 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 that is perfected by control under AS 45.29.104(a)(3) if the setoff is based on a claim against the debtor.

Authorities

45.29.109;45.29.341

Notes

References

AS 45.29.109 Scope.
AS 45.29.341 Bank's rights and duties with respect to deposit account.

History

(Sec. 1 ch 113 SLA 2000)