U.C.C. - ARTICLE 4 - BANK DEPOSITS AND COLLECTIONS
..PART 2. COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING BANKS
§ 4-201. STATUS OF COLLECTING BANK AS AGENT AND PROVISIONAL STATUS OF
CREDITS; APPLICABILITY OF ARTICLE; ITEM INDORSED "PAY ANY BANK".
- (a) 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 regardless of the
form of indorsement or lack of indorsement and even though credit given for
the item is subject to immediate withdrawal as of right or is in fact withdrawn;
but the continuance of ownership of an item by its owner and any rights of
the owner to proceeds of the item are subject to rights of a collecting bank,
such as those resulting from outstanding advances on the item and rights of
recoupment or setoff. If an item is handled by banks for purposes of presentment,
payment , collection, or return, the relevant provisions of this Article apply
even though action of the parties clearly establishes that a particular bank
has purchased the item and is the owner of it.
- (b) After an item has
been indorsed with the words "pay any bank" or the like, only a bank may
acquire the rights of a holder until the item has been:
- (1) returned to the customer initiating
collection; or
- (2) specially indorsed by a bank to
a person who is not a bank.
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© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.