(1) An item is finally paid by a payor bank when the bank has first done any of the following:
(a) Paid the item in cash;
(b) Settled for the item without having a right to revoke the settlement under statute, clearing house rule or agreement; or
(c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing house rule or agreement.
(2) If provisional settlement for an item does not become final, the item is not finally paid.
(3) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the items by the payor bank.
(4) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.
(5) Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customerís account becomes available for withdrawal as of right:
(a) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; or
(b) If the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bankís second banking day following receipt of the item.
(6) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bankís next banking day after receipt of the deposit. [1993 c.545 §99]Section: Previous 74.2080 74.2090 74.2100 74.2110 74.2120 74.2130 74.2140 74.2150 74.2160 74.3010 74.3020 74.3030 74.4010 74.4020 74.4030 Next
Last modified: August 7, 2008