§ 41-04-22 — (4-210) Security interest of collecting bank in items, accompanying documents, and proceeds

North Dakota § 41-04-22

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-04: Bank Deposits and Collections

Text

documents, and proceeds.
1. A collecting bank has a security interest in an item and any accompanying documents
or the proceeds of either:
a. In case of an item deposited in an account, to the extent to which credit given for
the item has been withdrawn or applied.
b. In case of an item for which it has given credit available for withdrawal as of right,
to the extent of the credit given, whether or not the credit is drawn upon or there
is a right of chargeback.
c. If it makes an advance on or against the item.
2. If credit given for several items received at one time or under a single agreement is
withdrawn or applied in part, the security interest remains upon all the items, any
accompanying documents, or the proceeds of either. For the purpose of this section,
credits first given are first withdrawn.
3. Receipt by a collecting bank of a final settlement for an item is a realization on its
security interest in the item, accompanying documents, and proceeds. To the extent
and so long as the bank does not receive final settlement for the item or give up
possession of the item or possession or control of the accompanying documents for
purposes other than collection, the security interest continues and is subject to the
provisions of chapter 41-09, except that:
a. No security agreement is necessary to make the security interest enforceable
(paragraph 1 of subdivision c of subsection 2 of section 41-09-13).
b. No filing is required to perfect the security interest.
c. The security interest has priority over conflicting perfected security interest in the
item, accompanying documents, or proceeds.