§ 4-211 — Media of Remittance; Provisional and Final Settlement in Remittance Cases

New York § 4-211

• 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--211. Media of Remittance; Provisional and Final Settlement in\n Remittance Cases.\n (1) A collecting bank may take in settlement of an item\n (a) a check of the remitting bank or of another bank on any bank\n except the remitting bank; or\n (b) a cashier's check or similar primary obligation of a\n remitting bank which is a member of or clears through a\n member of the same clearing house or group as the collecting\n bank; or\n (c) appropriate authority to charge an account of the remitting\n bank or of another bank with the collecting bank; or\n (d) if the item is drawn upon or payable by a person other than a\n bank, a cashier's check, certified check or other bank check\n or obligation.\n (2) If before its midnight deadline the collecting bank properly\ndishonors a remittance check or authorization to charge on itself or\npresents or forwards for collection a remittance instrument of or on\nanother bank which is of a kind approved by subsection (1) or has not\nbeen authorized by it, the collecting bank is not liable to prior\nparties in the event of the dishonor of such check, instrument or\nauthorization.\n (3) A settlement for an item by means of a remittance instrument or\nauthorization to charge is or becomes a final settlement as to both the\nperson making and the person receiving the settlement\n (a) if the remittance instrument or authorization to charge is of\n a kind approved by subsection (1) or has not been authorized\n by the person receiving the settlement and in either case the\n person receiving the settlement acts seasonably before its\n midnight deadline in presenting, forwarding for collection or\n paying the instrument or authorization,--at the time the\n remittance instrument or authorization is finally paid by the\n payor by which it is payable;\n (b) if the person receiving the settlement has authorized\n remittance by a non-bank check or obligation or by a\n cashier's check or similar primary obligation of or a check\n upon the payor or other remitting bank which is not of a kind\n approved by subsection (1) (b),--at the time of the receipt\n of such remittance check or obligation; or\n (c) if in a case not covered by sub-paragraphs (a) or (b) the\n person receiving the settlement fails to seasonably present,\n forward for collection, pay or return a remittance instrument\n or authorization to it to charge before its midnight\n deadline,--at such midnight deadline.\n