U.C.C. - ARTICLE 4 - BANK DEPOSITS AND COLLECTIONS
..PART 4. RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER
§ 4-403. CUSTOMER'S RIGHT TO STOP PAYMENT; BURDEN OF PROOF OF LOSS.
- (a) A customer or any person authorized
to draw on the account if there is more than one person may stop payment of
any item drawn on the customer's account or close the account by an order to
the bank describing the item or account with reasonable certainty received
at a time and in a manner that affords the bank a reasonable opportunity to
act on it before any action by the bank with respect to the item described
in Section 4-303. If the signature of more than one
person is required to draw on an account, any of these persons may stop payment
or close the account.
- (b) A stop-payment order is effective for six months,
but it lapses after 14 calendar days if the original order was oral and was
not confirmed in writing within that period. A stop-payment order may be renewed
for additional six-month periods by a writing given to the bank within
a period during which the stop-payment order is effective.
- (c) The burden of establishing the fact and amount
of loss resulting from the payment of an item contrary
to a stop-payment order or order to close an account is
on the customer. The loss from payment
of an item contrary to a stop-payment order may include damages for dishonor
of subsequent items under Section 4-402.
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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.