Ohio Revised Code Search
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Section 1304.04 | Separate office of bank - UCC 4-107.
...nd determining the place at or to which action may be taken or notices or orders shall be given under Chapter 1303. and sections 1304.01 to 1304.40 of the Revised Code. |
Section 1304.05 | Payable through or payable at bank - UCC 4-106.
...(A) If an item states that it is "payable through" a bank identified in the item, both of the following apply: (1) The item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item. (2) The item may be presented for payment only by or through the bank. (B) If an item states that it is "payable at" a bank identified in the item, the item is equivalent to a draft drawn on th... |
Section 1304.06 | Time of receipt of items - UCC 4-108.
...(A) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two p.m. or later as a cut-off hour for the handling of money and items and the making of entries on its books. (B) An item or deposit of money received on any day after a cut-off hour so fixed or after the close of the banking d... |
Section 1304.07 | Delays - UCC 4-109.
...(A) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by Chapters 1301., 1302., 1303., 1304., 1305., 1307., 1308., 1309., and 1310. of the Revised Code for a period not exceeding two additional banking days ... |
Section 1304.08 | Electronic presentment - UCC 4-110.
...(A) "Agreement for electronic presentment" means an agreement, clearing house rule, or federal reserve regulation or operating circular providing that presentment of an item may be made by transmission of an image of an item or information describing the item rather than delivery of the item itself. The "agreement for electronic presentment" may provide for procedures governing retention, presentment, payment, dishon... |
Section 1304.09 | Statute of limitations - UCC 4-111.
...An action to enforce an obligation, duty, or right arising under sections 1304.01 to 1304.40 of the Revised Code shall be brought within three years after the cause of action accrues. |
Section 1304.11 | Status of collecting bank as agent and provisional status of credits - applicability of article - item indorsed pay any bank - UCC 4-201.
...ediate withdrawal as of right or is in fact withdrawn. 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 ... |
Section 1304.12 | Responsibility for collection or return - when action timely - UCC 4-202.
...on (A) of this section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness. (C) Subject to division (A)(1) of this section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of an... |
Section 1304.13 | Effect of instructions - UCC 4-203.
... is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor. |
Section 1304.14 | Methods of sending and presenting - sending directly to payor bank - UCC 4-204.
...(A) A collecting bank shall send items by a reasonably prompt method taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items. (B) A collecting bank may do any of the following: (1) Send an item directly to the payor bank; (2) Send an item to a non-bank payor if a... |
Section 1304.15 | Depositary bank holder of unindorsed item - UCC 4-205.
...If a customer delivers an item to a depositary bank for collection, both of the following apply: (A) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item, and, if the bank satisfies the other requirements of section 1303.32 of the Revised Code, it is a holder in ... |
Section 1304.16 | Transfer between banks - UCC 4-206.
...Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank. |
Section 1304.17 | Transfer warranties - UCC 4-207.
...ng notice of the claim. (E) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. |
Section 1304.18 | Presentment warranties - UCC 4-208.
...ng notice of the claim. (F) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. |
Section 1304.19 | Encoding and retention warranties - UCC 4-209.
...(A) A person who encodes information on or with respect to an item 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 ... |
Section 1304.20 | Security interest of collecting bank in items, accompanying documents and proceeds - UCC 4-210.
...(A) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of the item or documents in any of the following manners: (1) In the case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In the case of an item for which it has given credit available for withdrawal as of right, to the extent of the cr... |
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.
... the drawer or indorser notice of the facts. |
Section 1304.23 | Medium and time of settlement by bank - UCC 4-213.
...(A) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearing house rules, and similar rules and documents, or agreement. In the absence of prescription in that manner, both of the following apply: (1) The medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlem... |
Section 1304.24 | Right of charge-back or refund - liability of collecting bank - return of item - UCC 4-214.
...er reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain a refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge-back, an... |
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.
...(A) An item is finally paid by a payor bank when the bank has 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; (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 a provi... |
Section 1304.26 | Insolvency and preference - UCC 4-216.
...(A) If an item is in or 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 ... |
Section 1304.27 | Deferred posting - recovery of payment by return of items - time of dishonor - return of items by payor bank - UCC 4-301.
...credit withdrawn by its customer, if it acts within the time limit and in the manner specified in division (A) of this section. (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 notice sent in accordance with this section. (D) An item is returned at either of the following times: (1) As to an item presented through a clearing ho... |
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.
...d and a reasonable time for the bank to act on that knowledge, notice, order, or process expires or the setoff is exercised after the earliest of the following: (1) The bank accepts or deposits the item. (2) The bank pays the item in cash. (3) The bank settles for the item without having a right to revoke the settlement under statute, clearing house rule, or agreement. (4) The bank becomes accountable for the amo... |