9-340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT
ACCOUNT.

(A) 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) 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) 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 § 9-104(A)(3), IF
THE SET-OFF IS BASED ON A CLAIM AGAINST THE DEBTOR

9-341. BANK'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.

EXCEPT AS OTHERWISE PROVIDED IN § 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.

9-342. BANK'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF
CONTROL AGREEMENT.

THIS TITLE DOES NOT REQUIRE A BANK TO ENTER INTO AN AGREEMENT OF
THE KIND DESCRIBED IN § 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

SUBTITLE 4. RIGHTS OF THIRD PARTIES.
9-101. ALIENABILITY OF DEBTOR'S RIGHTS.

(A) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) AND §§ 9-106, 9-107,
9-408, AND 9-409, WHETHER A DEBTOR'S RIGHTS IN COLLATERAL MAY BE
VOLUNTARILY OR INVOLUNTARILY TRANSFERRED IS GOVERNED BY LAW OTHER
THAN THIS TITLE.

(B) AN AGREEMENT BETWEEN THE DEBTOR AND SECURED PARTY WHICH
PROHIBITS A TRANSFER OF THE DEBTOR'S RIGHTS IN COLLATERAL OR MAKES THE
TRANSFER A DEFAULT DOES NOT PREVENT THE TRANSFER FROM TAKING EFFECT.

- 2094 -