§ 41-04-25 — (4-213) Medium and time of settlement by bank

1. With respect to settlement by a bank, the medium and time of settlement may be
prescribed by federal reserve regulations or circulars, clearinghouse rules, and the
like, or agreement. In the absence of such prescription:
a. The medium of settlement is cash or credit to an account in a federal reserve
bank of, or specified by, the person to receive settlement.
b. The time of settlement is:
(1) With respect to tender of settlement by cash, cashier's check, or teller's
check, when the cash or check is sent or delivered.
(2) With respect to tender of settlement by credit in an account in a federal
reserve bank, when the credit is made.
(3) With respect to tender of settlement by a credit or debit to an account in a
bank, when the credit or debit is made or, in the case of tender of settlement
by authority to charge an account, when the authority is sent or delivered.
(4) With respect to tender of settlement by a funds transfer, when payment is
made under subsection 1 of section 41-04.1-31 to the person receiving
settlement.
2. If the tender of settlement is not by a medium authorized by or the time of settlement is
not fixed by subsection 1, no settlement occurs until the tender of settlement is
accepted by the person receiving settlement.
3. If settlement for an item is made by cashier's check or teller's check and the person
receiving settlement, before its midnight deadline:
a. Presents or forwards the check of collection, settlement is final when the check is
finally paid.
b. Fails to present or forward the check for collection, settlement is final at the
midnight deadline of the person receiving settlement.
4. If settlement for an item is made by giving authority to charge the account of the bank
giving settlement in the bank receiving settlement, settlement is final when the charge
is made by the bank receiving settlement if there are funds available in the account for
the amount of the item.