Legislation
SECTION 4-302
Payor Bank's Responsibility for Late Return of Item
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 4, PART 3
Section 4--302. Payor Bank's Responsibility for Late Return of Item.
In the absence of a valid defense such as breach of a presentment
warranty (subsection (1) of Section 4--207), settlement effected or the
like, if an item is presented on and received by a payor bank the bank
is accountable for the amount of
(a) a demand item other than a documentary draft whether properly
payable or not if the bank, in any case where it is not also
the depositary bank, retains the item beyond midnight of the
banking day of receipt without settling for it or, regardless
of whether it is also the depositary bank, does not pay or
return the item or send notice of dishonor until after its
midnight deadline; or
(b) 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.
In the absence of a valid defense such as breach of a presentment
warranty (subsection (1) of Section 4--207), settlement effected or the
like, if an item is presented on and received by a payor bank the bank
is accountable for the amount of
(a) a demand item other than a documentary draft whether properly
payable or not if the bank, in any case where it is not also
the depositary bank, retains the item beyond midnight of the
banking day of receipt without settling for it or, regardless
of whether it is also the depositary bank, does not pay or
return the item or send notice of dishonor until after its
midnight deadline; or
(b) 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.