This chapter does not preclude subordination by agreement by a person entitled to priority.
41-09-60. (9-340) Effectiveness of right of recoupment or setoff against deposit account or certificate of deposit. 1. Except as otherwise provided in subsection 3, a bank with which a deposit account or certificate of deposit is maintained may exercise any right of recoupment or setoff against a secured party that holds a security interest in the deposit account or certificate of deposit. 2. Except as otherwise provided in subsection 3, the application of this chapter to a security interest in a deposit account or certificate of deposit does not affect a right of recoupment or setoff of the secured party as to a deposit account or certificate of deposit maintained with the secured party. 3. The exercise by a bank of a setoff against a deposit account or certificate of deposit is ineffective against a secured party that holds a security interest in the deposit account or certificate of deposit which is perfected by control under subdivision c of subsection 1 of section 41-09-04, if the setoff is based on a claim against the debtor.
41-09-61. (9-341) Bank's rights and duties with respect to deposit account or certificate of deposit. Except as otherwise provided in subsection 3 of section 41-09-60, and unless the bank otherwise agrees in a signed record, a bank's rights and duties with respect to a deposit account or certificate of deposit 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 or certificate of deposit; 2. The bank's knowledge of the security interest; or 3. The bank's receipt of instructions from the secured party.
41-09-62. (9-342) Bank's right to refuse to enter into or disclose existence of control agreement. This chapter does not require a bank to enter into an agreement of the kind described in subdivision b of subsection 1 of section 41-09-04, 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.