§ 11-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account
Exercise of recoupment or set-off. Except as otherwise provided in subsection (c) of this Code section, 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. Recoupment or set-off not affected by security interest. […]
§ 11-9-341. Bank’s Rights and Duties With Respect to Deposit Account
Except as otherwise provided in subsection (c) of Code Section 11-9-340, 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: The creation, attachment, or perfection of a security interest in the deposit […]
§ 11-9-326. Priority of Security Interests Created by New Debtor
Subordination of security interest created by new debtor. Subject to subsection (b) of this Code section, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security […]
§ 11-9-342. 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 paragraph (2) of subsection (a) of Code Section 11-9-104, 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 […]
§ 11-9-327. Priority of Security Interests in Deposit Account
The following rules govern priority among conflicting security interests in the same deposit account: A security interest held by a secured party having control of the deposit account under Code Section 11-9-104 has priority over a conflicting security interest held by a secured party that does not have control; Except as otherwise provided in paragraphs […]
§ 11-9-401. Alienability of Debtor’s Rights
Other law governs alienability; exceptions. Except as otherwise provided in subsection (b) of this Code section and Code Sections 11-9-406, 11-9-407, 11-9-408, and 11-9-409, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article. Agreement does not prevent transfer. An agreement between the […]
§ 11-9-328. Priority of Security Interests in Investment Property
The following rules govern priority among conflicting security interests in the same investment property: A security interest held by a secured party having control of investment property under Code Section 11-9-106 has priority over a security interest held by a secured party that does not have control of the investment property; Except as otherwise provided […]
§ 11-9-402. Secured Party Not Obligated on Contract of Debtor or in Tort
The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor’s acts or omissions. History. Code 1981, § 11-9-402 , enacted by Ga. L. 2001, p. 362, § 1.
§ 11-9-314. Perfection by Control
Perfection by control. A security interest in investment property, deposit accounts, letter of credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under Code Section 11-7-106, 11-9-104, 11-9-105, 11-9-106, or 11-9-107. Specified collateral; time of perfection by control; continuation of perfection. A security interest in deposit […]
§ 11-9-315. Secured Party’s Rights on Disposition of Collateral and in Proceeds
Disposition of collateral; continuation of security interest or agricultural lien; proceeds. Except as otherwise provided in this article and in subsection (2) of Code Section 11-2-403: A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the […]