Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or sub-agent of the owner of the item and any settlement given for the item is provisional. This provision applies […]
A collecting bank must exercise ordinary care in: presenting an item or sending it for presentment; sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank’s transferor after learning that the item has not been paid or accepted, as the case may be; settling for an item […]
Subject to chapter 3 of this title concerning conversion of instruments (§ 47-3-420) and restrictive endorsements (§ 47-3-206), only a collecting bank’s transferor can give instructions that affect the bank or constitute notice to it, and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in […]
A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items. A collecting bank may send: an item directly to […]
If a customer delivers an item to a depositary bank for collection: 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 delivery was a holder of the item, whether or not the customer endorses the item, and, if the […]
Any agreed method that identifies the transferor bank is sufficient for the item’s further transfer to another bank.
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: The warrantor is a person entitled to enforce the item; All signatures on the item are authentic and authorized; The item has not been altered; The item is […]
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 the […]
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. A person who undertakes to retain an […]
A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; In case of an item for which it has given credit available […]
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 § 47-3-302 on what constitutes a holder in due course.
Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day […]
With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription: the medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by […]
If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit […]
An item is finally paid by a payor bank when the bank has first done any of the following: paid the item in cash; settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or made a provisional settlement for the item and failed to revoke the […]
If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank’s customer. If a […]
