|
7-4-405
Section 7-4-405 Death or incompetence of customer. (a) A payor or collecting bank's authority
to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise
effective, is not rendered ineffective by incompetence of a customer of either bank existing
at the time the item is issued or its collection is undertaken if the bank does not know of
an adjudication of incompetence. Neither death nor incompetence of a customer revokes the
authority to accept, pay, collect, or account until the bank knows of the fact of death or
of an adjudication of incompetence and has reasonable opportunity to act on it. (b) Even with
knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or
before that date unless ordered to stop payment by a person claiming an interest in the account.
(Acts 1965, No. 549, p. 811; repealed by Acts 1995, No. 95-668, p. 1381, §2; added by Acts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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4-405.htm - 1K - Match Info - Similar pages
7-4-215
Section 7-4-215 Final payment of item by payor bank; when provisional debits and credits become
final; when certain credits become available for withdrawal. (a) An item is finally paid by
a payor bank when the bank has first done any of the following: (1) Paid the item in cash;
(2) Settled for the item without having a right to revoke the settlement under statute, clearing-house
rule, or agreement; or (3) Made a provisional settlement for the item and failed to revoke
the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(b) If provisional settlement for an item does not become final, the item is not finally paid.
(c) If provisional settlement for an item between the presenting and payor banks is made through
a clearing house or by debits or credits in an account between them, then to the extent that
provisional debits or credits for the item are entered in accounts between the presenting
and payor banks or between the presenting and successive...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4-215.htm - 2K - Match Info - Similar pages
7-4A-207
Section 7-4A-207 Misdescription of beneficiary. (a) Subject to subsection (b), if, in a payment
order received by the beneficiary's bank, the name, bank account number, or other identification
of the beneficiary refers to a nonexistent or unidentifiable person or account, no person
has rights as a beneficiary of the order and acceptance of the order cannot occur. (b) If
a payment order received by the beneficiary's bank identifies the beneficiary both by name
and by an identifying or bank account number and the name and number identify different persons,
the following rules apply: (1) Except as otherwise provided in subsection (c), if the beneficiary's
bank does not know that the name and number refer to different persons, it may rely on the
number as the proper identification of the beneficiary of the order. The beneficiary's bank
need not determine whether the name and number refer to the same person. (2) If the beneficiary's
bank pays the person identified by name or knows that the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4A-207.htm - 3K - Match Info - Similar pages
7-3-407
Section 7-3-407 Alteration. (a) "Alteration" means (i) an unauthorized change in
an instrument that purports to modify in any respect the obligation of a party, or (ii) an
unauthorized addition of words or numbers or other change to an incomplete instrument relating
to the obligation of a party. (b) Except as provided in subsection (c), an alteration fraudulently
made discharges a party whose obligation is affected by the alteration unless that party assents
or is precluded from asserting the alteration. No other alteration discharges a party, and
the instrument may be enforced according to its original terms. (c) A payor bank or drawee
paying a fraudulently altered instrument or a person taking it for value, in good faith and
without notice of the alteration, may enforce rights with respect to the instrument (i) according
to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized
completion, according to its terms as completed. (Acts 1965, No. 549,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-407.htm - 1K - Match Info - Similar pages
7-9A-304
Section 7-9A-304 Law governing perfection and priority of security interests in deposit accounts.
(a) Law of bank's jurisdiction governs. The local law of a bank's jurisdiction governs perfection,
the effect of perfection or nonperfection, and the priority of a security interest in a deposit
account maintained with that bank. (b) Bank's jurisdiction. The following rules determine
a bank's jurisdiction for purposes of this part: (1) If an agreement between the bank and
the debtor governing the deposit account expressly provides that a particular jurisdiction
is the bank's jurisdiction for purposes of this part, this article, or the Uniform Commercial
Code, that jurisdiction is the bank's jurisdiction. (2) If paragraph (1) does not apply and
an agreement between the bank and its customer governing the deposit account expressly provides
that the agreement is governed by the law of a particular jurisdiction, that jurisdiction
is the bank's jurisdiction. (3) If neither paragraph (1) nor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-304.htm - 1K - Match Info - Similar pages
7-9A-104
Section 7-9A-104 Control of deposit account. (a) Requirements for control. A secured party
has control of a deposit account if: (1) the secured party is the bank with which the deposit
account is maintained; (2) the debtor, secured party, and bank have agreed in an authenticated
record that the bank will comply with instructions originated by the secured party directing
disposition of the funds in the deposit account without further consent by the debtor; or
(3) the secured party becomes the bank's customer with respect to the deposit account. (b)
Debtor's right to direct disposition. A secured party that has satisfied subsection (a) has
control, even if the debtor retains the right to direct the disposition of funds from the
deposit account. (Act 2001-481, p. 647, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-104.htm - 1K - Match Info - Similar pages
7-3-302
Section 7-3-302 Holder in due course. (a) Subject to subsection (c) and Section 7-3-106(d),
"holder in due course" means the holder of an instrument if: (1) The instrument
when issued or negotiated to the holder does not bear such apparent evidence of forgery or
alteration or is not otherwise so irregular or incomplete as to call into question its authenticity;
and (2) The holder took the instrument (i) for value, (ii) in good faith, (iii) without notice
that the instrument is overdue or has been dishonored or that there is an uncured default
with respect to payment of another instrument issued as part of the same series, (iv) without
notice that the instrument contains an unauthorized signature or has been altered, (v) without
notice of any claim to the instrument described in Section 7-3-306, and (vi) without notice
that any party has a defense or claim in recoupment described in Section 7-3-305(a). (b) Notice
of discharge of a party, other than discharge in an insolvency proceeding,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-302.htm - 3K - Match Info - Similar pages
5-19A-4
Section 5-19A-4 Certain information to be printed on pawn tickets. The following information
shall be printed on all pawn tickets: (1) The statement that "Any personal property pledged
to a pawnbroker within this state is subject to sale or disposal when there has been no payment
made on the account for a period of 30 days past maturity date of the original contract, and
no further notice is necessary." (2) The statement that "The pledgor of this item
attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor
has the right to sell or pawn the item." (3) The statement that "The item pawned
is redeemable only by the bearer of this ticket." (4) A blank line for the pledgor's
signature. (Acts 1992, No. 92-597, p. 1227, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19A-4.htm - 1K - Match Info - Similar pages
7-3-417
Section 7-3-417 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 making payment or accepting the draft in good
faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft,
a person entitled to enforce the draft or authorized to obtain payment or acceptance of the
draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered;
and (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.
(b) A drawee making payment may recover from any warrantor damages for breach of warranty
equal to the amount paid by the drawee less the amount the drawee received or is entitled
to receive from the drawer because of the payment. In addition,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-3-417.htm - 3K - Match Info - Similar pages
7-4-301
Section 7-4-301 Deferred posting; recovery of payment by return of items; time of dishonor;
return of items by payor bank. (a) If a payor bank settles for a demand item other than a
documentary draft presented otherwise than for immediate payment over the counter before midnight
of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement
if, before it has made final payment and before its midnight deadline, it (1) returns the
item; or (2) sends written notice of dishonor or nonpayment if the item is unavailable for
return. (b) If a demand item is received by a payor bank for credit on its books, it may return
the item or send notice of dishonor and may revoke any credit given or recover the amount
thereof withdrawn by its customer, if it acts within the time limit and in the manner specified
in subsection (a). (c) Unless previous notice of dishonor has been sent, an item is dishonored
at the time when for purposes of dishonor it is returned or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4-301.htm - 1K - Match Info - Similar pages
|