(810 ILCS 5/Art. 9 Pt. 3 Sub. 4 heading)
SUBPART 4.
RIGHTS OF BANK
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(810 ILCS 5/9-340)
Sec. 9-340.
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 Article
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
9-104(a)(3), if the set-off is based on a claim against the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-341)
Sec. 9-341.
Bank's rights and duties with respect to deposit account.
Except as otherwise provided in Section 9-340(c), and unless the bank otherwise
agrees in an authenticated record, a bank's rights and duties with respect to a
deposit account maintained with the bank are not terminated, suspended, or
modified by:
(1) the creation, attachment, or perfection of a
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(2) the bank's knowledge of the security interest; or
(3) the bank's receipt of instructions from the
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(Source: P.A. 91-893, eff. 7-1-01.)
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(810 ILCS 5/9-342)
Sec. 9-342.
Bank's right to refuse to enter into or disclose existence of
control agreement. This Article does not require a bank to enter into an
agreement of the kind described in Section 9-104(a)(2), even if its customer so
requests or directs. A bank that has entered into such an agreement is not
required
to confirm the existence of the agreement to another person unless requested to
do
so by its customer.
(Source: P.A. 91-893, eff. 7-1-01.)
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