U.C.C. - ARTICLE 4 - BANK DEPOSITS AND COLLECTIONS
..PART 2. COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING BANKS
§ 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 prior collecting
banks seriatim, they become final upon final payment of the items by the
payor bank.
- (d) If a collecting
bank receives a settlement for an item which
is or becomes final, the bank is accountable
to its customer for the amount of
the item and any provisional credit given for the item in an account with
its customer becomes final.
- (e) Subject to (i) applicable law stating a time
for availability of funds and (ii) any right of the bank to
apply the credit to an obligation of the customer,
credit given by a bank for an item in a customer's account becomes
available for withdrawal as of right:
- (1) if the bank has received a provisional settlement for
the item, when the settlement becomes
final and the bank has had a reasonable time to receive return of the item
and the item has not been received within that time;
- (2) if the bank is both the depositary
bank and the payor bank,
and the item is finally paid, at
the opening of the bank's second banking
day following receipt of the item.
- (f) Subject to applicable law stating a time for
availability of funds and any right of a bank to apply a deposit to an obligation
of the depositor, a deposit of money becomes available for withdrawal as of
right at the opening of the bank's next banking
day after receipt of the deposit.
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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.