§ 4-213 — Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal

New York § 4-213

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 2: Collection of Items: Depositary and Collecting Banks
• Art. 4: Bank Deposits and Collections

Text

Section 4--213. Final Payment of Item by Payor Bank; When Provisional\n Debits and Credits Become Final; When Certain Credits\n Become Available for Withdrawal.\n (1) An item is finally paid by a payor bank when the bank has done any\nof the following, whichever happens first:\n (a) paid the item in cash; or\n (b) settled for the item without reserving a right to revoke the\n settlement and without having such right under statute,\n clearing house rule or agreement; or\n (c) completed the process of posting the item to the indicated\n account of the drawer, maker or other person to be charged\n therewith; or\n (d) made a provisional settlement for the item and failed to\n revoke the settlement in the time and manner permitted by\n statute, clearing house rule or agreement.\nUpon a final payment under subparagraphs (b), (c) or (d) the payor bank\nshall be accountable for the amount of the item.\n (2) If provisional settlement for an item between the presenting and\npayor banks is made through a clearing house or by debits or credits in\nan account between them, then to the extent that provisional debits or\ncredits for the item are entered in accounts between the presenting and\npayor banks or between the presenting and successive prior collecting\nbanks seriatim, they become final upon final payment of the item by the\npayor bank.\n (3) If a collecting bank receives a settlement for an item which is or\nbecomes final (subsection (3) of Section 4--211, subsection (2) of\nSection 4--213) the bank is accountable to its customer for the amount\nof the item and any provisional credit given for the item in an account\nwith its customer becomes final.\n (4) Subject to any right of the bank to apply the credit to an\nobligation of the customer, credit given by a bank for an item in an\naccount with its customer becomes available for withdrawal as of right\n (a) in any case where the bank has received a provisional\n settlement for the item,--when such settlement becomes final\n and the bank has had a reasonable time to learn that the\n settlement is final;\n (b) in any case where the bank is both a depositary bank and a\n payor bank and the item is finally paid,--at the opening of\n the bank's second banking day following receipt of the item.\n (5) A deposit of money in a bank is final when made but, subject to\nany right of the bank to apply the deposit to an obligation of the\ncustomer, the deposit becomes available for withdrawal as of right at\nthe opening of the bank's next banking day following receipt of the\ndeposit.\n