US Lawyer Database

§ 8.4-209. When bank gives value for purposes of holder in due course

For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of § 8.3A-302 on what constitutes a holder in due course. Code 1950, §§ 6-378, 6-379; 1964, c. 219; […]

§ 8.4-207.2. Presentment warranties

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts […]

§ 8.4-207.3. Encoding and retention warranties

(a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (b) A person who undertakes to […]

§ 8.4-205.1. Depositary bank holder of unendorsed item

If a customer delivers an item to a depositary bank for collection: (1) the depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of the delivery was a holder of the item, whether or not the customer endorses the item, and, […]

§ 8.4-206. Transfer between banks

Any agreed method that identifies the transferor bank is sufficient for the item’s further transfer to another bank. 1964, c. 219; 1992, c. 693.

§ 8.4-207.1. Transfer warranties

(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that: (1) the warrantor is a person entitled to enforce the item; (2) all signatures on the item are authentic and authorized; (3) the item has not been […]

§ 8.4-111. Statute of limitations

An action to enforce an obligation, duty, or right arising under this title must be commenced within three years after the cause of action accrues. 1992, c. 693.