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§12A-4-401.
§12A-4-401.
WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT
(a) A bank may charge against the account of a customer an item that
is properly payable from that account even though the charge creates
an overdraft. An item is properly payable if it is authorized by the
customer and is in accordance with any agreement between the customer
and bank.
(b) A customer is not liable for the amount of an overdraft if the
customer neither signed the item nor benefited from the proceeds of
the item.
(c) A bank may charge against the account of a customer a check that
is otherwise properly payable from the account, even though payment
was made before the date of the check, unless the customer has given
notice to the bank of the postdating describing the check with
reasonable certainty. The notice is effective for the period stated in
subsection (b) of Section 4-403 of this title for stop-payment orders,
and must be received at such time and in such manner as to afford the
bank a reasonable opportunity to act on it before the bank takes any
action with respect to the check described in Section 4-303 of this
title. If a bank charges against the account of a customer a check
before the date stated in the notice of postdating, the bank is liable
for damages for the loss resulting from its act. The loss may include
damages for dishonor or subsequent items under Section 4-402 of this
title.
(d) A bank that in good faith makes payment to a holder may charge the
indicated account of its customer according to:
(1) The original terms of the altered item; or
(2) The terms of the completed item, even though the bank knows the
item has been completed unless the bank has notice that the completion
was improper.
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