Ohio Revised Code Search
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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. |
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Section 1304.34 | Death or incompetence of customer - UCC 4-405.
...ection 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 to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence ... |
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Section 1304.35 | Customer's duty to discover and report unauthorized signature or alteration - UCC 4-406.
... 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 date of payment. (B) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are dest... |
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Section 1304.36 | Payor bank's right to subrogation on improper payment - UCC 4-407.
... 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 in d... |
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Section 1304.37 | Handling of documentary drafts - duty to send for presentment and to notify customer of dishonor - UCC 4-501.
... discounted or bought the draft or extended credit available for withdrawal as of right. |
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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... |
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Section 1304.39 | Responsibility of presenting bank for documents and goods - report of reasons for dishonor - referee in case of need - UCC 4-503.
...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 the ca... |
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Section 1304.40 | Privilege of presenting bank to deal with goods - security interest for expenses - UCC 4-504.
...able 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 the same manner as an unpaid seller's lien. |
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Section 1304.51 | Definitions - UCC 4A-103, 4A-104, 4A-105.
... "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of sections 1304.51 to 1304.85 of the Revised Code. (3) "Beneficiary" means the person to be paid by the beneficiary's bank. (4) "Beneficiary's bank" means the bank identified in a payment ord... |
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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. |
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Section 1304.53 | Time payment order is received - UCC 4A-106.
...off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different se... |
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Section 1304.54 | Federal reserve regulations and operating circulars - UCC 4A-107.
...ions of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of sections 1304.51 to 1304.85 of the Revised Code to the extent of the inconsistency. |
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Section 1304.55 | Applicability of ORC provisions for consumer transactions governed by federal law - UCC 4A-108.
...(A) Except as otherwise provided in division (B) of this section, sections 1304.51 to 1304.85 of the Revised Code do not apply to a funds transfer any part of which is governed by the "Electronic Fund Transfer Act," 92 Stat. 3728 (1978), 15 U.S.C.A. 1693, as amended. (B) Sections 1304.51 to 1304.85 of the Revised Code apply to a remittance transfer as defined in the "Electronic Fund Transfer Act," 124 Stat. 2... |
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Section 1304.56 | Security procedure - UCC 4A-201.
...e purpose of verifying that a payment order or communication amending or cancelling a payment order is that of the customer, or detecting error in the transmission or the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment ... |
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Section 1304.57 | Authorized and verified payment orders - UCC 4A-202.
...Revised Code, rights and obligations arising under this section or section 1304.58 of the Revised Code may not be varied by agreement. |
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Section 1304.58 | Unenforceability of certain verified payment orders - UCC 4A-203.
...(A) If an accepted payment order is not an authorized order of a customer identified as sender under division (A) of section 1304.57 of the Revised Code, but is effective as an order of the customer under division (B) of that section, both of the following apply: (1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order. (2) T... |
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Section 1304.59 | Refund of payment and duty of customer to report with respect to unauthorized payment order - UCC 4A-204.
...f a receiving bank accepts a payment order issued in the name of its customer as sender which is not authorized and not effective as the order of the customer under section 1304.57 of the Revised Code, or not enforceable, in whole or in part, against the customer under section 1304.58 of the Revised Code, the bank shall refund any payment of the payment order received from the customer to the extent the bank is... |
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Section 1304.60 | Erroneous payment orders - UCC 4A-205.
...ection applies if an accepted payment order was transmitted pursuant to a security procedure for the detection of error, and any of the following applies: (1) The payment order erroneously instructed payment to a beneficiary not intended by the sender. (2) The payment order erroneously instructed payment in an amount greater than the amount intended by the sender. (3) The payment order was an erroneously transmitt... |
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Section 1304.61 | Transmission of payment order through funds-transfer or other communication system - UCC 4A-206.
...(A) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by ... |
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Section 1304.62 | Misdescription of beneficiary - UCC 4A-207.
...(B) of this section, if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur. (B) If a payment order received by the beneficiary's bank identifies the beneficiary by name and an identifying... |
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Section 1304.63 | Misdescription of intermediary bank or beneficiary's bank - UCC 4A-208.
...3) of this section apply to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number. (2) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether the number identifies a bank. (3) The sender shall compensate the receiving bank for any loss and expenses incurred by the receiving ban... |
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Section 1304.64 | Acceptance of payment order - UCC 4A-209.
...he opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within one hour after that time, or one hour after... |
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Section 1304.65 | Rejection of payment order - UCC 4A-210.
...of the order for the number of days elapsing after the execution date to the earlier of the day the order is canceled pursuant to division (D) of section 1304.66 of the Revised Code or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount... |
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Section 1304.66 | Cancellation and amendment of payment order - UCC 4A-211.
...the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order. (E) A canceled payment order cannot be accepted. If an accepted payment order is canceled, the acceptance is nullified, and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment... |
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Section 1304.67 | Liability and duty of receiving bank regarding unaccepted payment order - UCC 4A-212.
...eiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in sections 1304.51 to 1304.85 of the Revised Code, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided i... |