Chapter 3 - Collection of Items: Payor Banks

California Commercial Code — §§ 4301-4303

Sections (3)

Amended by Stats. 1992, Ch. 914, Sec. 37. Effective January 1, 1993.

(a)If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it either:

(1)Returns the item.

(2)Sends written notice of dishonor or nonpayment if the item is unavailable for return.

(b)If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subdivision (a).

(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 either:

(1)As to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing house rules.

(2)In all other cases, when it is sent or delivered to the bank’s customer or transferor or pursuant to his instructions.

§ 4302

Amended by Stats. 1992, Ch. 914, Sec. 38. Effective January 1, 1993.

(a)If an item is presented to and received by a payor bank, the bank is accountable for the amount of either:

(1)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 depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline.

(2)Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.

(b)The liability of a payor bank to pay an item pursuant to subdivision (a) is subject to defenses based on breach of a presentment warranty (Section 4208) or proof that the person seeking enforcement of the

liability presented or transferred the item for the purpose of defrauding the payor bank.

§ 4303

Amended by Stats. 1992, Ch. 914, Sec. 39. Effective January 1, 1993.

(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 thereon expires or the setoff is exercised after the earliest of the following:

(1)The bank accepts or certifies 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 amount of the item under Section 4302 dealing with the payor bank’s responsibility for late return of items.

(5)With

respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

(b)Subject to subdivision (a), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.