Alaska Statutes Sec. 45.04.201 - Status of Collecting Bank As Agent and Provisional Status of Credits; Applicability; Item Endorsed

(a) Unless a contrary intent clearly appears and before a settlement given by a collecting bank for an item becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item and a settlement given for the item is provisional. This provision applies regardless of the form of endorsement or lack of endorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and the rights of the owner to proceeds of the item are subject to rights of a collecting bank such as those resulting from outstanding advances on the item and rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this chapter apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.

(b) After an item has been endorsed with the words "pay any bank" or the like, only a bank may acquire the rights of a holder until the item has been

(1) returned to the customer initiating collection; or

(2) specially endorsed by a bank to a person who is not a bank.

Section: 45.04.201  45.04.202  45.04.203  45.04.204  45.04.205  45.04.206  45.04.207  45.04.208  45.04.209  45.04.210  45.04.211  45.04.212  45.04.213  45.04.214  45.04.215  Next

Last modified: November 15, 2016