Legislation
SECTION 4-303
When Items Subject to Notice, Stop-Order, Legal Process or Setoff; Order in Which Items May Be Charged or Certified
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 4, PART 3
Section 4--303. When Items Subject to Notice, Stop-Order, Legal Process
or Setoff; Order in Which Items May Be Charged or
Certified.
(1) Any knowledge, notice or stop-order received by, legal process
served upon or setoff exercised by a payor bank, whether or not
effective under other rules of law 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, comes too late to so terminate, suspend or modify such
right or duty if the knowledge, notice, stop-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 bank has done any of the
following:
(a) accepted or certified the item;
(b) paid the item in cash;
(c) settled for the item without reserving a right to revoke the
settlement and without having such right under statute,
clearing house rule or agreement;
(d) completed the process of posting the item to the indicated
account of the drawer, maker or other person to be charged
therewith or otherwise has evidenced by examination of such
indicated account and by action its decision to pay the item;
or
(e) become accountable for the amount of the item under
subsection (1) (d) of Section 4--213 and Section 4--302
dealing with the payor bank's responsibility for late return
of items.
(2) Subject to the provisions of subsection (1) items may be accepted,
paid, certified or charged to the indicated account of its customer in
any order convenient to the bank.
or Setoff; Order in Which Items May Be Charged or
Certified.
(1) Any knowledge, notice or stop-order received by, legal process
served upon or setoff exercised by a payor bank, whether or not
effective under other rules of law 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, comes too late to so terminate, suspend or modify such
right or duty if the knowledge, notice, stop-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 bank has done any of the
following:
(a) accepted or certified the item;
(b) paid the item in cash;
(c) settled for the item without reserving a right to revoke the
settlement and without having such right under statute,
clearing house rule or agreement;
(d) completed the process of posting the item to the indicated
account of the drawer, maker or other person to be charged
therewith or otherwise has evidenced by examination of such
indicated account and by action its decision to pay the item;
or
(e) become accountable for the amount of the item under
subsection (1) (d) of Section 4--213 and Section 4--302
dealing with the payor bank's responsibility for late return
of items.
(2) Subject to the provisions of subsection (1) items may be accepted,
paid, certified or charged to the indicated account of its customer in
any order convenient to the bank.