Ohio Revised Code Search
Section |
---|
Section 1304.18 | Presentment warranties - UCC 4-208.
...(A) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant all of the following to the drawee that pays or accepts the draft in good faith: (1) The warrantor is, or was, at the time the warrantor transferred the... |
Section 1304.19 | Encoding and retention warranties - UCC 4-209.
... after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (B) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and prese... |
Section 1304.20 | Security interest of collecting bank in items, accompanying documents and proceeds - UCC 4-210.
... of the Revised Code. (2) No filing is required to perfect the security interest. (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds. |
Section 1304.21 | When bank gives value for purposes of holder in due course - UCC 4-211.
...For the purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item if the bank otherwise complies with the requirements of section 1303.32 of the Revised Code on what constitutes a holder in due course. |
Section 1304.22 | Presentment by notice of item not payable by, through, or at bank - liability of drawer or indorser - UCC 4-212.
...(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 record providing 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 1303.61 of t... |
Section 1304.23 | Medium and time of settlement by bank - UCC 4-213.
...ine, presents or forwards the check for collection, settlement is final when the check is finally paid. (2) If the person receiving settlement, before its midnight deadline, fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement. (D) If settlement for an item is made by giving authority to charge the account of the bank giving settlement... |
Section 1304.24 | Right of charge-back or refund - liability of collecting bank - return of item - UCC 4-214.
...(A) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account, or obtain refund from its customer whether or not it is able... |
Section 1304.25 | Final payment of item by payor bank - when provisional debits and credits become final - when certain credits become available for withdrawal - UCC 4-215.
...een the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank. (D) If a collecting bank receives a settlement for an item that 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 applicable law stating ... |
Section 1304.26 | Insolvency and preference - UCC 4-216.
...comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the receiver, trustee, or agent in charge of the closed bank shall return the item to the presenting bank or the closed bank's customer. (B) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is... |
Section 1304.27 | Deferred posting - recovery of payment by return of items - time of dishonor - return of items by payor bank - UCC 4-301.
...ent or delivered in accordance with its rules; (2) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to the customer's or transferor's instructions. |
Section 1304.28 | Payor bank's responsibility for late return of item - UCC 4-302.
...(A) If an item is presented to and received by a payor bank, the bank is accountable for either of the following: (1) The amount of 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 depository bank, retains the item beyond midnight of the banking day of receipt without settling for it or, regardless of whether or not it is also the depos... |
Section 1304.29 | When items subject to notice, stop-payment order, legal process or setoff - order in which items may be charged or certified - UCC 4-303.
...(A) Any knowledge, notice, or stop payment order received by, legal process served upon or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop payment order, or legal process is received or served and a reasonable time for the bank to act on that knowledge, notice, order... |
Section 1304.30 | When bank may charge customer's account - UCC 4-401.
...(A) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank. (B) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds ... |
Section 1304.31 | Bank's liability to customer for wrongful dishonor - time of determining insufficiency of account - UCC 4-402.
...(A) Except as otherwise provided in sections 1304.01 to 1304.40 of the Revised Code, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft. (B) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to a... |
Section 1304.32 | Customer's right to stop payment - burden of proof of loss - UCC 4-403.
...he 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 fourteen calendar days if the original order was oral and was not confirmed in a record within that period. A stop payment order may be renewed for additional six- month periods by a record given to the bank with... |
Section 1304.33 | Bank not obliged to pay check more than six months old - UCC 4-404.
...A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, that is presented more than six months after its date, but it may charge its customer's account for a payment made in good faith after its date. |
Section 1304.34 | Death or incompetence of customer - UCC 4-405.
...(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 ... |
Section 1304.35 | Customer's duty to discover and report unauthorized signature or alteration - UCC 4-406.
...(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... |
Section 1304.36 | Payor bank's right to subrogation on improper payment - UCC 4-407.
...If a payor bank has paid an item over the order of the drawer or maker to stop payment, 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 of all of the following: (A) Any holder ... |
Section 1304.37 | Handling of documentary drafts - duty to send for presentment and to notify customer of dishonor - UCC 4-501.
...ank that takes a documenatary draft for collection shall present or send the draft and accompanying documents for presentment and upon learning that the draft has not been paid or accepted in due course shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right. |
Section 1304.38 | Presentment of on arrival drafts - UCC 4-502.
...ts transferor of the refusal but is not required to present the draft again until it is instructed to do so or learns of the arrival of the goods. |
Section 1304.39 | Responsibility of presenting bank for documents and goods - report of reasons for dishonor - referee in case of need - UCC 4-503.
...Unless otherwise instructed and except as provided in sections 1305.01 to 1305.16 of the Revised Code, both of the following apply to a bank presenting a documentary draft: (A) The bank must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment or only on payment if it is not payable more than three days after presentment. (B) Upon dishonor, either in... |
Section 1304.40 | Privilege of presenting bank to deal with goods - security interest for expenses - UCC 4-504.
...(A) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner. (B) For its reasonable expenses incurred by action under division (A) of this section, the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in ... |
Section 1304.51 | Definitions - UCC 4A-103, 4A-104, 4A-105.
...(A) As used in sections 1304.51 to 1304.85 of the Revised Code: (1) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent wi... |
Section 1304.52 | Application of provisions - UCC 4A-102.
...Except as otherwise provided in section 1304.55 of the Revised Code, sections 1304.51 to 1304.85 of the Revised Code apply to funds transfers as defined in section 1304.51 of the Revised Code. |