104.9340 - Effectiveness of right of recoupment or setoff against deposit account. - Nevada Statutes

104.9340  Effectiveness of right of recoupment or setoff against deposit account.

      1.  Except as otherwise provided in subsection 3, 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.

      2.  Except as otherwise provided in subsection 3, 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.

      3.  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 paragraph (c) of subsection 1 of NRS 104.9104, if the setoff is based on a claim against the debtor.

      (Added to NRS by 1999, 322)