Ohio Revised Code Search
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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manners: (1) In the case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In the case of an item for which it has given credit available for withdrawal as of right, to the extent of the cr...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... |
Section 1304.30 | When bank may charge customer's account - UCC 4-401.
...ds the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 1304.29 of the Revised Code. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 1304.... |
Section 1304.31 | Bank's liability to customer for wrongful dishonor - time of determining insufficiency of account - UCC 4-402.
...nor of an item. Liability is limited to actual damages proved and damages may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case. (C) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficie... |
Section 1304.32 | Customer's right to stop payment - burden of proof of loss - UCC 4-403.
...ds the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 1304.29 of the Revised Code. 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 fourteen calendar days if the original order was oral... |
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.
...or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it. (B) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. |
Section 1304.35 | Customer's duty to discover and report unauthorized signature or alteration - UCC 4-406.
...omptly notify the bank of the relevant facts. (D) If the bank proves that the customer failed with respect to an item to comply with the duties imposed on the customer by division (C) of this section, the customer is precluded from asserting either of the following against the bank: (1) The customer's unauthorized signature or any alteration on the item if the bank also proves that it suffered a loss by reason of ... |
Section 1304.36 | Payor bank's right to subrogation on improper payment - UCC 4-407.
...er either on the item or under the transaction out of which the item arose; (C) The drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose. |
Section 1304.37 | Handling of documentary drafts - duty to send for presentment and to notify customer of dishonor - UCC 4-501.
... 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.
...If a draft or the relevant instructions require presentment "on arrival," "when goods arrive," or at a similar time related to the arrival of goods, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor. The bank shall notify its transferor of the refusal but is not required to pres... |
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... |