§ 41-04-28 — (4-216) Insolvency and preference

1. Any item in or coming into the possession of a payor or collecting bank that suspends
payment and which item is not finally paid must be returned by the receiver, trustee, or
agent in charge of the closed bank to the presenting bank or the closed bank's
customer.
2. If a payor bank finally pays an item and suspends payments without making a
settlement for the item with its customer or the presenting bank which settlement is or
becomes final, the owner of the item has a preferred claim against the payor bank.

3. If a payor bank gives or a collecting bank gives or receives a provisional settlement for
an item and thereafter suspends payments, the suspension does not prevent or
interfere with the settlement becoming final if such finality occurs automatically upon
the lapse of certain time or the happening of certain events.
4. If a collecting bank receives from subsequent parties settlement for an item which
settlement is or becomes final and suspends payments without making a settlement
for the item with its customer which is or becomes final, the owner of the item has a
preferred claim against that collecting bank.