Agenda

March 9, 2026
11:00 am - 12:30 pm EST

Your institution has a common law right to setoff a depositor’s account for a debt the depositor owed to your institution, provided certain legal requirements are met. In addition, your institution may have a contractual right of setoff, depending on the specific language in its deposit agreements. A debtor defaulting on a loan raises the critical question of when the institution may apply funds from the debtor’s deposit account to past-due loan amounts. This webinar will explain the legal requirements that must be satisfied, and the specific steps the institution must take, before exercising the right of setoff. We will also examine what happens when an account has multiple owners as well as how to manage accounts subject to garnishment by other creditors.

Topics

KEY WEBINAR TAKEAWAYS:

• Legal requirements that must be satisfied before your institution is permitted to exercise the right of setoff
• Contractual right of setoff versus common law right of setoff
• Distinguishing the right of setoff from the foreclosure of a security interest, and when it is best to use which method
• Situations when your institution can setoff without violating the legal rights of other parties

Speaker(s)

Shelli Clarkston
Spencer Fane LLP

Shelli Clarkston is an attorney with Spencer Fane LLP where she provides financial institutions with proactive legal counsel on regulatory and compliance matters. She received her law degrees from the University of Missouri – Kansas City and her undergraduate degree from the University of Nebraska – Lincoln. In addition, she has a master’s degree from Doane University. Before joining Spencer Fane, Shelli was the Risk and Compliance Officer for a financial services technology platform with one of the world’s largest technology companies. She oversaw the platform’s regulatory compliance and handled all risk-related matters. She also has experience as general counsel for a community bank, where she managed all legal, regulatory, compliance, and corporate matters.

Fees

Live Webinar - $279

• Unlimited connections for your institution
• Available on desktop, mobile & tablet
• Take-away toolkit
• Presenter’s contact info for questions

On-Demand Webinar - $279

• Unlimited & shareable access starting two business days after live stream
• Available on desktop, mobile & tablet devices 24/7
• Take-away toolkit
• Ability to download webinar video
• Presenter's contact info for questions

Live + On-Demand - $379

Get the best of both and save when you Bundle the Live & On-Demand Webinar registration! This option includes all the items listed above.

**100% surcharge applied to non-members.

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