{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-340.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-340.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-340.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-340.html"}],"law_id":84766,"edition_id":1,"section_id":84766,"structure_id":16703,"section_number":"8.9A-340","catch_line":"Effectiveness of right of recoupment or set-off against deposit account","history":"2000, c. 1007.","full_text":"a\n\nExercise 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\n\nRecoupment or set-off not affected by security interest. Except as otherwise provided in subsection (c), the application of this title 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\n\nWhen 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 § 8.9A-104 (a) (3), if the set-off is based on a claim against the debtor.","order_by":null,"text":{"0":{"id":303735,"text":"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.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":303736,"text":"Recoupment or set-off not affected by security interest. Except as otherwise provided in subsection (c), the application of this title 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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":303737,"text":"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 § 8.9A-104 (a) (3), if the set-off is based on a claim against the debtor.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b"}},"ancestry":[{"id":16703,"edition_id":1,"name":"Rights of Bank","identifier":"4","label":"subpart","depth":3,"order_by":1,"parent_id":13858,"metadata":{},"date_created":"2026-06-26 04:34:04","date_modified":"2026-06-26 04:34:04","permalink":{"id":284123,"object_type":"structure","relational_id":16703,"identifier":"4","token":"8.9A\/3\/4","url":"\/8.9A\/3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13858,"edition_id":1,"name":"Perfection and Priority","identifier":"3","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:46:06","date_modified":"2026-06-26 03:46:06","permalink":{"id":283943,"object_type":"structure","relational_id":13858,"identifier":"3","token":"8.9A\/3","url":"\/8.9A\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84766,"structure_id":16703,"section_number":"8.9A-340","catch_line":"Effectiveness of right of recoupment or set-off against deposit account","url":"\/8.9A-340\/","token":"8.9A\/3\/4\/8.9A-340","metadata":false},{"id":75342,"structure_id":16703,"section_number":"8.9A-341","catch_line":"Bank's rights and duties with respect to deposit account","url":"\/8.9A-341\/","token":"8.9A\/3\/4\/8.9A-341","metadata":false},{"id":75497,"structure_id":16703,"section_number":"8.9A-342","catch_line":"Bank's right to refuse to enter into or disclose existence of control agreement","url":"\/8.9A-342\/","token":"8.9A\/3\/4\/8.9A-342","metadata":false}],"next_section":{"id":75342,"structure_id":16703,"section_number":"8.9A-341","catch_line":"Bank's rights and duties with respect to deposit account","url":"\/8.9A-341\/","token":"8.9A\/3\/4\/8.9A-341","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-340\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 1007<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":59732,"section_number":"8.9A-109","catch_line":"Scope","order_by":null,"url":"\/8.9A-109\/"},{"id":75342,"section_number":"8.9A-341","catch_line":"Bank's rights and duties with respect to deposit account","order_by":null,"url":"\/8.9A-341\/"}],"refers_to":[{"id":62491,"section_number":"8.9A-104","catch_line":"Control of deposit account","order_by":null,"url":"\/8.9A-104\/"}],"permalink":{"id":284125,"object_type":"law","relational_id":84766,"identifier":"8.9A-340","token":"8.9A\/3\/4\/8.9A-340","url":"\/8.9A-340\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-340\/","token":"8.9A\/3\/4\/8.9A-340","dublin_core":{"Title":"Effectiveness of right of recoupment or set-off against deposit account","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-340","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> 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<\/span> that holds a security interest in the deposit account. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Recoupment or set-off not affected by security interest. Except as otherwise provided in subsection (c), the application of this title to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party<\/span> as to a deposit account maintained with the secured party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> When set-off ineffective. The exercise by a bank of a set-off against a deposit account is ineffective against a secured party<\/span> that holds a security interest in the deposit account which is perfected by control under § 8.9A-104<\/a> (a) (3), if the set-off is based on a claim against the debtor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT (\u00a7\n8.9A-340)\n\na. Exercise of recoupment or set-off. Except as otherwise provided in subsection\n(c), a bank with which a deposit account is maintained may exercise any right of\nrecoupment or set-off against a secured party that holds a security interest in\nthe deposit account.\n\nb. Recoupment or set-off not affected by security interest. Except as otherwise\nprovided in subsection (c), the application of this title to a security interest\nin a deposit account does not affect a right of recoupment or set-off of the\nsecured party as to a deposit account maintained with the secured party.\n\nc. When set-off ineffective. The exercise by a bank of a set-off against a\ndeposit account is ineffective against a secured party that holds a security\ninterest in the deposit account which is perfected by control under §\n8.9A-104 (a) (3), if the set-off is based on a claim against the debtor.\n\nHISTORY: 2000, c. 1007.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}