[Previous] [Next]

§12A-4-215.


§12A-4-215.
   
                 FINAL PAYMENT OF ITEM BY PAYOR BANK; WHEN
                                      
                PROVISIONAL DEBITS AND CREDITS BECOME FINAL;
                                      
            WHEN CERTAIN CREDITS BECOME AVAILABLE FOR WITHDRAWAL
                                      
   (a) An item is finally paid by a payor bank when the bank has first
   done any of the following:
   
   (1) Paid the item in cash;
   
   (2) Settled for the item without having a right to revoke the
   settlement under statute, clearing-house rule, or agreement; or
   
   (3) Made a provisional settlement for the item and failed to revoke
   the settlement in the time and manner permitted by statute,
   clearing-house rule, or agreement.
   
   (b) If provisional settlement for an item does not become final, the
   item is not finally paid.
   
   (c) If provisional settlement for an item between the presenting and
   payor banks is made through a clearing-house or by debits or credits
   in an account between them, then to the extent that provisional debits
   or credits for the item are entered in accounts between the presenting
   and payor banks or between the presenting and successive prior
   collecting banks seriatim, they become final upon final payment of the
   items by the payor bank.
   
   (d) If a collecting bank receives a settlement for an item which is or
   becomes final, the bank is accountable to its customer for the amount
   of the item and any provisional credit given for the item in an
   account with its customer becomes final.
   
   (e) Subject to (i) applicable law stating a time for availability of
   funds and (ii) any right of the bank to apply the credit to an
   obligation of the customer, credit given by a bank for an item in a
   customer's account becomes available for withdrawal as of right:
   
   (1) If the bank has received a provisional settlement for the item,
   when the settlement becomes final and the bank has had a reasonable
   time to receive return of the item and the item has not been received
   within that time; or
   
   (2) If the bank is both the depositary bank and the payor bank, and
   the item is finally paid, at the opening of the bank's second banking
   day following receipt of the item.
   
   (f) Subject to applicable law stating a time for availability of funds
   and any right of a bank to apply a deposit to an obligation of the
   depositor, a deposit of money becomes available for withdrawal as of
   right at the opening of the bank's next banking day after receipt of
   the deposit.
   

[Previous] [Next]