§ 41-04-37 — (4-406) Customer's duty to discover and report unauthorized signature or alteration

North Dakota § 41-04-37

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

Text

alteration.
1. A bank that sends or makes available to a customer a statement of account showing
payment of items for the account shall either return or make available to the customer
the items paid or provide information in the statement of account sufficient to allow the
customer to identify the items paid. The statement of account provides sufficient
information if the item is described by item number, amount, and date of payment.
2. If the items are not returned to the customer, the person retaining the items shall either
retain the items or, if the items are destroyed, maintain the capacity to furnish legible
copies of the items until the expiration of seven years after receipt of the items. A
customer may request an item from the bank that paid the item, and that bank must
provide in a reasonable time either the item or, if the item has been destroyed or is not
otherwise obtainable, a legible copy of the item.
3. If a bank sends or makes available a statement of account or items under
subsection 1, the customer shall exercise reasonable promptness in examining the
statement or the items to determine whether any payment was not authorized because
of an alteration of an item or because a purported signature by or on behalf of the
customer was not authorized. If, based on the statement or items provided, the
customer should reasonably have discovered the unauthorized payment, the customer
has a duty to give prompt notification to the bank of the relevant facts.

4. If the bank proves that the customer failed with respect to an item to comply with the
duties imposed on the customer by subsection 3, the customer is precluded from
asserting against the bank:
a. The customer's unauthorized signature or any alteration on the item if the bank
also proves that it suffered a loss by reason of that failure.
b. The customer's unauthorized signature or alteration by the same wrongdoer on
any other item paid in good faith by the bank if the payment was made before the
bank received notification from the customer of the unauthorized signature or
alteration and after the customer had been afforded a reasonable period of time
not exceeding thirty days in which to examine the item or statement of account
and notify the bank.
5. If subsection 4 applies and the customer proves that the bank failed to exercise
ordinary care in paying the item and that the failure substantially contributed to loss,
the loss is allocated between the customer precluded and the bank asserting the
preclusion to the extent that the failure of each to exercise ordinary care contributed to
the loss. If the customer proves that the bank did not pay the item in good faith, the
preclusion under subsection 4 does not apply.
6. Without regard to care or lack of care of either the customer or the bank, a customer
who does not within one year from the time the statement or items are made available
to the customer under subsection 1 discover and report the customer's unauthorized
signature or any alteration is precluded from asserting against the bank such
unauthorized signature or alteration. If there is a preclusion under this subsection, the
payor bank may not recover for breach of warranty under section 41-04-20 with
respect to the unauthorized signature or alteration to which the preclusion applies.