Subpart 4. Rights Of Bank



 
    (810 ILCS 5/Art. 9 Pt. 3 Sub. 4 heading)
SUBPART 4. RIGHTS OF BANK

    (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.)

    (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

    
security interest in the deposit account;
        (2) the bank's knowledge of the security interest; or
        (3) the bank's receipt of instructions from the
    
secured party.
(Source: P.A. 91-893, eff. 7-1-01.)

    (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.)