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ARTICLE 4
BANK DEPOSITS AND COLLECTIONS
PART 1. GENERAL PROVISIONS AND DEFINITIONS
Section
4-101. Short Title.
4-102. Applicability.
4-103. Variation by Agreement; Measure of Damages; Action
Constituting Ordinary Care.
4-104. Definitions and Index of Definitions.
4-105. "Bank"; "Depositary Bank"; "Payor Bank"; Intermediary Bank"; "Collecting Bank"; "Presenting Bank."
4-106. Payable Through or Payable at Bank; Collecting Bank.
4-107. Separate Office of Bank.
4-108. Time of Receipt of Items.
4-109. Delays.
4-110. Electronic Presentment.
4-111. Statute of Limitations.
PART 2. COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING RANKS
4-201. Status of Collecting Bank as Agent and Provisional Status
of Credits; Applicability of Article; Item Indorsed "Pay Any
Bank".
4-202. Responsibility for Collection or Return; When Action
Timely.
4-203. Effect of Instructions.
4-204. Methods of Sending and Presenting; Sending Directly to
Payor Bank.
4-205. Depositary Bank Holder of Unindorsed Item.
4-206. Transfer Between Banks.
4-207. Transfer Warranties.
4-208. Presentment Warranties.
4-209. Encoding and Retention Warranties.
4-210. Security Interest of Collecting Bank in Item, Accompanying Documents and Proceeds.
4-211. When Bank Gives Value for Purposes of Holder in Due
Course.
4-212. Presentment by Notice of Item Not Payable by, Through, or
at Bank; Liability of Drawer or Indorser.
4-213. Medium and Time of Settlement by Bank.
4-214. Right of ChargeBack or Refund; Liability of Collecting
Bank; Return of Item.
4-215. Final Payment of Item by Payor Bank; When Provisional
Debits and Credits Become Final; When Certain Credits Become
Available for Withdrawal.
4-216. Insolvency and Preference.
Part 3. COLLECTION OF ITEMS: PAYOR BANKS
4-301. Deferred Posting; Recovery of Payment by Return of Items;
Time of Dishonor; Return of Items by Payor Bank.
4-302. Payor Bank's Responsibility for Late Return of Item.
4-303. When Items Subject to Notice, Stop-Payment Order, Legal
Process, or Setoff; Order in Which Items May Be Charged or
Certified.
PART 4. RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER
4-401. When Bank May Charge Customer's Account.
4-402. Bank's Liability to Customer for Wrongful Dishonor; Time of Determining Insufficiency of Account.
4-403. Customer's Right to Stop Payment; Burden of Proof of
Loss.
4-404. Bank Not Obliged to Pay Check More Than Six Months Old.
4-405. Death or Incompetence of Customer.
4-406. Customer's Duty to Discover and Report Unauthorized
Signature or Alteration.
4-407. Payor Bank's Right to Subrogation on Improper Payment.
PART 5. COLLECTION OF DOCUMENTARY DRAFTS
4-501. Handling of Documentary Drafts; Duty to Send For Presentment and to Notify Customer of Dishonor.
4-502. Presentment of "On Arrival" Drafts.
4-503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need.
4-504. Privilege of Presenting Bank to Deal With Goods; Security
Interest for Expenses.
ARTICLE 4
BANK DEPOSITS AND COLLECTIONS
PART 1
GENERAL PROVISIONS AND DEFINITIONS
4-101. Short Title.
This Article may be cited as Uniform Commercial Code Bank
Deposits and Collections.
4-102. Applicability.
(a) To the extent that items within this Article are also
within Articles 3 and 8, they are subject to those Articles. If
there is conflict, this Article governs Article 3, but Article 8
governs this Article.
(b) The liability of a bank for action or non-action with
respect to an item handled by it for purposes of presentment,
payment, or collection is governed by the law of the place where
the bank is located. In the case of action or non-action by or at
a branch or separate office of a bank, its liability is governed
by the law of the place where the branch or separate office is
located.
4-103. Variation by Agreement; Measure of Damages; Action
Constituting Ordinary Care.
(a) The effect of the provisions of this Article may be
varied by agreement, but the parties to the agreement cannot
disclaim a bank's responsibility for its lack of good faith or
failure to exercise ordinary care or limit the measure of damages
for the lack or failure. However, the parties may determine by
agreement the standards by which the bank's responsibility is to
be measured if those standards are not manifestly unreasonable.
(b) Federal Reserve regulations and operating circulars,
cIearinghouse rules, and the like have the effect of agreement
under subsection (a), whether or not specifically assented to by
all parties interested in items handled.
(c) Action or non-action approved by this Article or
pursuant to Federal Reserve regulations or operating circulars is
the exercise of ordinary care and, in the absence of special
instructions, action or non-action consistent with clearing-house
rules and the like or with a general banking usage not
disapproved by this Article, is prima facie the exercise of
ordinary care.
(d) The specification or approval of certain procedures by
this Article is not disapproval of other procedures that may be
reasonable under the circumstances.
(e) The measure of damages for failure to exercise
ordinary care in handling an item is the amount of the item
reduced by an amount that could not have been realized by the
exercise of ordinary care. If there is also bad faith it includes
any other damages the party suffered as a proximate consequence.
4-104. Definitions and Index of Definitions.
(a) In this Article, unless the context otherwise
requires:
(1) "Account" means any deposit or credit account with a
bank, including a demand, time, savings, passbook, share draft,
or like account, other than an account evidenced by a certificate
of deposit;
(2) "Afternoon" means the period of a day between noon and
midnight;
(3) "Banking day" means the part of a day on which a bank
is open to the public for carrying on substantially all of its
banking functions;
(4) "Clearing house" means an association of banks or
other payors regularly clearing items;
(5) "Customer" means a person having an account with a
bank or for whom a bank has agreed to collect items, including a
bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for
acceptance or payment if specified documents, certificated
securities (Section 8-102) or instructions for uncertificated
securities (Section 8-308), or other certificates, statements, or
the like are to be received by the drawee or other payor before
acceptance or payment of the draft;
(7) "Draft" means a draft as defined in Section 3-104 or
an item, other than an instrument, that is an order;
(8) "Drawee" means a person ordered in a draft to make
payment;
(9) "Item" means an instrument or a promise or order to
pay money handled by a bank for collection or payment. The term
does not include a payment order governed by Article 4A or a
credit or debit card slip;
(10) "Midnight deadline" with respect to a bank is
midnight on its next banking day following the banking day on
which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later;
(11) "Settle" means to pay in cash, by clearing-house
settlement, in a charge or credit or by remittance, or otherwise
as agreed. A settlement may be either provisional or final.
(12) "Suspends payments" with respect to a bank means that
it has been closed by order of the supervisory authorities, that
a public officer has been appointed to take it over, or that it
ceases or refuses to make payments in the ordinary course of
business.
(b) Other definitions applying to this Article and the
sections in which they appear are:
"Agreement for electronic
pres