7-4-204
Section 7-4-204 Methods of sending and presenting; sending directly to payor bank. (a) 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. (b) A collecting bank
may send: (1) An item directly to the payor bank; (2) An item to a nonbank payor if authorized
by its transferor; and (3) An item other than documentary drafts to a nonbank payor, if authorized
by Federal Reserve regulation or operating circular, clearing-house rule, or the like. (c)
Presentment may be made by a presenting bank at a place where the payor bank or other payor
has requested that presentment be made. (Acts 1965, No. 549, p. 811; repealed by Acts 1995,
No. 95-668, p. 1381, §2; added by Acts 1995, No. 95-668, p. 1381, §2.)...
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7-4-207
Section 7-4-207 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 altered; (4)
The item is not subject to a defense or claim in recoupment (Section 7-3-305(a)) of any party
that can be asserted against the warrantor; and (5) The warrantor has no knowledge of any
insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an
unaccepted draft, the drawer. (b) If an item is dishonored, a customer or collecting bank
transferring the item and receiving settlement or other consideration is obliged to pay the
amount due on the item (i) according to the terms of the item at the time it was transferred,
or (ii) if the transfer was of an incomplete item, according to its terms...
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7-4-407
Section 7-4-407 Payor bank's right to subrogation on improper payment. If a payor bank has
paid an item over the order of the drawer or maker to stop payment, or after an account has
been closed, or otherwise under circumstances giving a basis for objection by the drawer or
maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the
bank by reason of its payment of the item, the payor bank is subrogated to the rights (1)
of any holder in due course on the item against the drawer or maker; (2) of the payee or any
other holder of the item against the drawer or maker either on the item or under the transaction
out of which the item arose; and (3) of the drawer or maker against the payee or any other
holder of the item with respect to the transaction out of which the item arose. (Acts 1965,
No. 549, p. 811; repealed by Acts 1995, No. 95-668, p. 1381, §2; added by Acts 1995, No.
95-668, p. 1381, §2.)...
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7-4-106
Section 7-4-106 Payable through or payable at bank; collecting bank. (a) If an item states
that it is "payable through" a bank identified in the item, (i) the item designates
the bank as a collecting bank and does not by itself authorize the bank to pay the item, and
(ii) the item may be presented for payment only by or through the bank. (b) If an item states
that it is "payable at" a bank identified in the item, (i) the item designates the
bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii)
the item may be presented for payment only by or through the bank. (c) If a draft names a
nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting
bank, the bank is a collecting bank. (Acts 1995, No. 95-668, p. 1381, §2.)...
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7-4-302
Section 7-4-302 Payor bank's responsibility for late return of item. (a) If an item is presented
to and received by a payor bank, the bank is accountable for the amount of: (1) A demand item,
other than a documentary draft, whether properly payable or not, if the bank, in any case
in which it is not also the depositary bank, retains the item beyond midnight of the banking
day of receipt without settling for it or, whether or not it is also the depositary bank,
does not pay or return the item or send notice of dishonor until after its midnight deadline;
or (2) Any other properly payable item unless, within the time allowed for acceptance or payment
of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to
defenses based on breach of a presentment warranty (Section 7-4-208) or proof that the person
seeking enforcement of the liability presented or transferred...
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7-4-212
Section 7-4-212 Presentment by notice of item not payable by, through, or at bank; liability
of drawer or indorser. (a) 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 when presentment is due and the bank must meet any requirement
of the party to accept or pay under Section 7-3-501 by the close of the bank's next banking
day after it knows of the requirement. (b) If presentment is made by notice and payment, acceptance,
or request for compliance with a requirement under Section 7-3-501 is not received by the
close of business on the day after maturity or, in the case of demand items, by the close
of business on the third banking day after notice was sent, the presenting bank may treat
the item as dishonored and charge any drawer or indorser by sending...
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7-4A-403
Section 7-4A-403 Payment by sender to receiving bank. (a) Payment of the sender's obligation
under Section 7-4A-402 to pay the receiving bank occurs as follows: (1) If the sender is a
bank, payment occurs when the receiving bank receives final settlement of the obligation through
a Federal Reserve Bank or through a funds-transfer system. (2) If the sender is a bank and
the sender (i) credited an account of the receiving bank with the sender, or (ii) caused an
account of the receiving bank in another bank to be credited, payment occurs when the credit
is withdrawn, or if not withdrawn, at midnight of the day on which the credit is withdrawable
and the receiving bank learns of that fact. (3) If the receiving bank debits an account of
the sender with the receiving bank, payment occurs when the debit is made to the extent the
debit is covered by a withdrawable credit balance in the account. (b) If the sender and receiving
bank are members of a funds-transfer system that nets obligations...
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7-3-505
Section 7-3-505 Evidence of dishonor. (a) The following are admissible as evidence and create
a presumption of dishonor and of any notice of dishonor stated: (1) A document regular in
form as provided in subsection (b) which purports to be a protest; (2) A purported stamp or
writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating
that acceptance or payment has been refused unless reasons for the refusal are stated and
the reasons are not consistent with dishonor; (3) A book or record of the drawee, payor bank,
or collecting bank, kept in the usual course of business which shows dishonor, even if there
is no evidence of who made the entry. (b) A protest is a certificate of dishonor made by a
United States consul or vice consul, or a notary public or other person authorized to administer
oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory
to that person. The protest must identify the instrument and...
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7-3-502
Section 7-3-502 Dishonor. (a) Dishonor of a note is governed by the following rules: (1) If
the note is payable on demand, the note is dishonored if presentment is duly made to the maker
and the note is not paid on the day of presentment. (2) If the note is not payable on demand
and is payable at or through a bank or the terms of the note require presentment, the note
is dishonored if presentment is duly made and the note is not paid on the day it becomes payable
or the day of presentment, whichever is later. (3) If the note is not payable on demand and
paragraph (2) does not apply, the note is dishonored if it is not paid on the day it becomes
payable. (b) Dishonor of an unaccepted draft other than a documentary draft is governed by
the following rules: (1) If a check is duly presented for payment to the payor bank otherwise
than for immediate payment over the counter, the check is dishonored if the payor bank makes
timely return of the check or sends timely notice of dishonor or...
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7-4-406
Section 7-4-406 Customer's duty to discover and report unauthorized signature or alteration.
(a) A bank that sends or makes available to a customer a statement of account showing payment
of items for the account shall either return or make available to the customer the items paid
or provide information in the statement of account sufficient to allow the customer reasonably
to identify the items paid. The statement of account provides sufficient information if the
item is described by item number, amount, and date of payment. (b) If the items are not returned
to the customer, the person retaining the items shall either retain the items or, if the items
are destroyed, maintain the capacity to furnish legible copies of the items until the expiration
of seven years after receipt of the items. A customer may request an item from the bank that
paid the item, and that bank must provide in a reasonable time either the item or, if the
item has been destroyed or is not otherwise obtainable, a...
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