Banks -

                                CHAPTER 42                     COLLECTION OF ITEMS: DEPOSITARY                           AND COLLECTING BANKS     Sec.     4201.  Status of collecting bank as agent and provisional            status of credits; applicability of division; item            indorsed "pay any bank."     4202.  Responsibility for collection or return; when action            timely.     4203.  Effect of instructions.     4204.  Methods of sending and presenting; sending directly to            payor bank.     4205.  Depositary bank holder of unindorsed item.     4206.  Transfer between banks.     4207.  Transfer warranties.     4208.  Presentment warranties.     4209.  Encoding and retention warranties.     4210.  Security interest of collecting bank in items,            accompanying documents and proceeds.     4211.  When bank gives value for purposes of holder in due            course.     4212.  Presentment by notice of item not payable by, through            or at a bank; liability of drawer or indorser.     4213.  Medium and time of settlement by bank.     4214.  Right of charge-back or refund; liability of            collecting bank; return of item.     4215.  Final payment of item by payor bank; when provisional            debits and credits become final; when certain credits            become available for withdrawal.     4216.  Insolvency and preference.        Enactment.  Chapter 42 was added November 1, 1979, P.L.255,     No.86, effective January 1, 1980.     § 4201.  Status of collecting bank as agent and provisional                status of credits; applicability of division; item                indorsed "pay any bank."        (a)  Agency status of bank and provisional status of     settlement.--Unless a contrary intent clearly appears and before     the time that a settlement given by a collecting bank for an     item is or becomes final, the bank, with respect to the item, is     an agent or sub-agent of the owner of the item and any     settlement given for the item is provisional. This provision     applies regardless of the form of indorsement or lack of     indorsement and even though credit given for the item is subject     to immediate withdrawal as of right or is in fact withdrawn; but     the continuance of ownership of an item by its owner and any     rights of the owner to proceeds of the item are subject to     rights of a collecting bank, such as those resulting from     outstanding advances on the item and rights of recoupment or     setoff. If an item is handled by banks for purposes of     presentment, payment, collection or return, the relevant     provisions of this division apply even though action of the     parties clearly establishes that a particular bank has purchased     the item and is the owner of it.        (b)  Effect of "pay any bank" indorsement.--After an item has     been indorsed with the words "pay any bank" or the like, only a     bank may acquire the rights of a holder until the item has been:            (1)  returned to the customer initiating collection; or            (2)  specially indorsed by a bank to a person who is not        a bank.     (July 9, 1992, P.L.507, No.97, eff. one year)        Cross References.  Section 4201 is referred to in section     3206 of this title.     § 4202.  Responsibility for collection or return; when action                timely.        (a)  When collecting bank must exercise ordinary care.--A     collecting bank must exercise ordinary care in:            (1)  presenting an item or sending it for presentment;            (2)  sending notice of dishonor or nonpayment or        returning an item other than a documentary draft to the        transferor of the bank after learning that the item has not        been paid or accepted, as the case may be;            (3)  settling for an item when the bank receives final        settlement; and            (4)  notifying its transferor of any loss or delay in        transit within a reasonable time after discovery thereof.        (b)  Exercise of ordinary care.--A collecting bank exercises     ordinary care under subsection (a) by taking proper action     before its midnight deadline following receipt of an item,     notice or settlement. Taking proper action within a reasonably     longer time may constitute the exercise of ordinary care, but     the bank has the burden of establishing timeliness.        (c)  Nonliability of bank for action of others.--Subject to     subsection (a)(1), a bank is not liable for the insolvency,     neglect, misconduct, mistake or default of another bank or     person or for loss or destruction of an item in the possession     of others or in transit.     (July 9, 1992, P.L.507, No.97, eff. one year)     § 4203.  Effect of instructions.        Subject to Division 3 (relating to negotiable instruments)     concerning conversion of instruments (section 3420) and     restrictive indorsements (section 3206), only a collecting     bank's transferor can give instructions that affect the bank or     constitute notice to it, and a collecting bank is not liable to     prior parties for any action taken pursuant to the instructions     or in accordance with any agreement with its transferor.     (July 9, 1992, P.L.507, No.97, eff. one year)     § 4204.  Methods of sending and presenting; sending directly to                payor bank.        (a)  Collecting bank to send items by reasonably prompt     method.--A collecting bank shall send items by a reasonably     prompt method, taking into consideration relevant instructions,     the nature of the item, the number of those items on hand, the     cost of collection involved and the method generally used by it     or others to present those items.        (b)  Persons to whom bank may send items.--A collecting bank     may send:            (1)  an item directly to the payor bank;            (2)  an item to a nonbank payor if authorized by its        transferor; and            (3)  an item other than documentary drafts to a nonbank        payor, if authorized by Federal Reserve regulation or        operating circular, clearinghouse rule or the like.        (c)  Presentment where payor has requested.--Presentment may     be made by a presenting bank at a place where the payor bank or     other payor has requested that presentment be made.     (July 9, 1992, P.L.507, No.97, eff. one year)     § 4205.  Depositary bank holder of unindorsed item.        If a customer delivers an item to a depositary bank for     collection:            (1)  the depositary bank becomes a holder of the item at        the time it receives the item for collection if the customer        at the time of delivery was a holder of the item, whether or        not the customer indorses the item, and, if the bank        satisfies the other requirements of section 3302 (relating to        holder in due course), it is a holder in due course; and            (2)  the depositary bank warrants to collecting banks,        the payor bank or other payor, and the drawer that the amount        of the item was paid to the customer or deposited to the        customer's account.     (July 9, 1992, P.L.507, No.97, eff. one year)     § 4206.  Transfer between banks.        Any agreed method that identifies the transferor bank is     sufficient for the further transfer of the item to another bank.     (July 9, 1992, P.L.507, No.97, eff. one year)     § 4207.  Transfer warranties.        (a)  General rule.--A customer or collecting bank that     transfers an item and receives a settlement or other     consideration warrants to the transferee and to any subsequent     collecting bank that:            (1)  the warrantor is a person entitled to enforce the        item;            (2)  all signatures on the item are authentic and        authorized;            (3)  the item has not been altered;            (4)  the item is not subject to a defense or claim in        recoupment (section 3305(a)) of any party that can be        asserted against the warrantor; and            (5)  the warrantor has no knowledge of any insolvency        proceeding commenced with respect to the maker or acceptor        or, in the case of an unaccepted draft, the drawer.        (b)  Effect of dishonor.--If an item is dishonored, a     customer or collecting bank transferring the item and receiving     settlement or other consideration is obliged to pay the amount     due on the item according to the terms of the item at the time     it was transferred or, if the transfer was of an incomplete     item, according to its terms when completed as stated in     sections 3115 (relating to incomplete instrument) and 3407     (relating to alteration). The obligation of a transferor is owed     to the transferee and to any subsequent collecting bank that     takes the item in good faith. A transferor cannot disclaim its     obligation under this subsection by an indorsement stating that     it is made "without recourse" or otherwise disclaiming     liability.        (c)  Measure of damages for breach of warranty.--A person to     whom the warranties under subsection (a) are made and who took     the item in good faith may recover from the warrantor as damages     for breach of warranty an amount equal to the loss suffered as a     result of the breach, but not more than the amount of the item     plus expenses and loss of interest incurred as a result of the     breach.        (d)  Prohibition against certain disclaimers and discharge.--     The warranties stated in subsection (a) cannot be disclaimed     with respect to checks. Unless notice of a claim for breach of     warranty is given to the warrantor within 30 days after the     claimant has reason to know of the breach and the identity of     the warrantor, the warrantor is discharged to the extent of any     loss caused by the delay in giving notice of the claim.        (e)  Cause of action.--A cause of action for breach of     warranty under this section accrues when the claimant has reason     to know of the breach.     (July 9, 1992, P.L.507, No.97, eff. one year)     § 4208.  Presentment warranties.        (a)  General rule.--If an unaccepted draft is presented to     the drawee for payment or acceptance and the drawee pays or     accepts the draft, the person obtaining payment or acceptance,     at the time of presentment, and a previous transferor of the     draft, at the time of transfer, warrant to the drawee that pays     or accepts the draft in good faith that:            (1)  the warrantor is, or was, at the time the warrantor        transferred the draft, a person entitled to enforce the draft        or authorized to obtain payment or acceptance of the draft on        behalf of a person entitled to enforce the draft;            (2)  the draft has not been altered; and            (3)  the warrantor has no knowledge that the signature of        the purported drawer of the draft is unauthorized.        (b)  Measure of damages for breach of warranty.--A drawee     making payment may recover from a warrantor damages for breach     of warranty equal to the amount paid by the drawee less the     amount the drawee received or is entitled to receive from the     drawer because of the payment. In addition, the drawee is     entitled to compensation for expenses and loss of interest     resulting from the breach. The right of the drawee to recover     damages under this subsection is not affected by any failure of     the drawee to exercise ordinary care in making payment. If the     drawee accepts the draft, breach of warranty is a defense to the     obligation of the acceptor, and if the acceptor makes payment     with respect to the draft, the acceptor is entitled to recover     from a warrantor for breach of warranty the amounts stated in     this subsection.        (c)  Defense.--If a drawee asserts a claim for breach of     warranty under subsection (a) based on an unauthorized     indorsement of the draft or an alteration of the draft, the     warrantor may defend by proving that the indorsement is     effective under section 3404 (relating to imposters; fictitious     payees) or 3405 (relating to employer's responsibility for     fraudulent indorsement by employee) or the drawer is precluded     under section 3406 (relating to negligence contributing to     forged signature or alteration of instrument) or 4406 (relating     to duty of customer to discover and report unauthorized     signature or alteration) from asserting against the drawee the     unauthorized indorsement or alteration.        (d)  Other warranties.--If a dishonored draft is presented     for payment to the drawer or an indorser or any other item is     presented for payment to a party obliged to pay the item, and     the item is paid, the person obtaining payment and a prior     transferor of the item warrant to the person making payment in     good faith that the warrantor is, or was, at the time the     warrantor transferred the item, a person entitled to enforce the     item or authorized to obtain payment on behalf of a person     entitled to enforce the item. The person making payment may     recover from any warrantor for breach of warranty an amount     equal to the amount paid plus expenses and loss of interest     resulting from the breach.        (e)  Prohibition against certain disclaimers and discharge.--     The warranties stated in subsections (a) and (d) cannot be     disclaimed with respect to checks. Unless notice of a claim for     breach of warranty is given to the warrantor within 30 days     after the claimant has reason to know of the breach and the     identity of the warrantor, the warrantor is discharged to the     extent of any loss caused by the delay in giving notice of the     claim.        (f)  Cause of action.--A cause of action for breach of     warranty under this section accrues when the claimant has reason     to know of the breach.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 added present section 4208 and     renumbered former section 4208 to present section 4210.        Cross References.  Section 4208 is referred to in sections     4302, 4406 of this title.     § 4209.  Encoding and retention warranties.        (a)  Encoding warranty.--A person who encodes information on     or with respect to an item after issue warrants to any     subsequent collecting bank and to the payor bank or other payor     that the information is correctly encoded. If the customer of a     depositary bank encodes, that bank also makes the warranty.        (b)  Retention warranty.--A person who undertakes to retain     an item pursuant to an agreement for electronic presentment     warrants to any subsequent collecting bank and to the payor bank     or other payor that retention and presentment of the item comply     with the agreement. If a customer of a depositary bank     undertakes to retain an item, that bank also makes this     warranty.        (c)  Measure of damages for breach of warranty.--A person to     whom warranties are made under this section and who took the     item in good faith may recover from the warrantor as damages for     breach of warranty an amount equal to the loss suffered as a     result of the breach, plus expenses and loss of interest     incurred as a result of the breach.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 added present section 4209 and     renumbered former section 4209 to present section 4211.     § 4210.  Security interest of collecting bank in items,                accompanying documents and proceeds.        (a)  General rule.--A collecting bank has a security interest     in an item and any accompanying documents or the proceeds of     either:            (1)  in case of an item deposited in an account, to the        extent to which credit given for the item has been withdrawn        or applied;            (2)  in case of an item for which it has given credit        available for withdrawal as of right, to the extent of the        credit given, whether or not the credit is drawn upon or        there is a right of charge-back; or            (3)  if it makes an advance on or against the item.        (b)  Partial withdrawal of credit given for several items.--     If credit given for several items received at one time or     pursuant to a single agreement is withdrawn or applied in part,     the security interest remains upon all the items, any     accompanying documents or the proceeds of either. For the     purpose of this section, credits first given are first     withdrawn.        (c)  Satisfaction and continuation of security interest.--     Receipt by a collecting bank of a final settlement for an item     is a realization on its security interest in the item,     accompanying documents and proceeds. So long as the bank does     not receive final settlement for the item or give up possession     of the item or possession or control of the accompanying     documents for purposes other than collection, the security     interest continues to that extent and is subject to Division 9     (relating to secured transactions), but:            (1)  no security agreement is necessary to make the        security interest enforceable (section 9203(b)(3)(i)        (relating to attachment and enforceability of security        interest; proceeds; supporting obligations; formal        requisites));            (2)  no filing is required to perfect the security        interest; and            (3)  the security interest has priority over conflicting        perfected security interests in the item, accompanying        documents or proceeds.     (Nov. 26, 1982, P.L.696, No.201, eff. 180 days; July 9, 1992,     P.L.507, No.97, eff. one year; June 8, 2001, P.L.123, No.18,     eff. July 1, 2001; Apr. 16, 2008, P.L.57, No.13, eff. 60 days)        2008 Amendment.  Act 13 amended subsec. (c) intro. par.        2001 Amendment.  Act 18 amended subsec. (c).        1992 Amendment.  Act 97 amended and renumbered section 4208     to section 4210 and renumbered section 4210 to section 4212.        Cross References.  Section 4210 is referred to in sections     9102, 9109, 9203, 9309, 9322 of this title.     § 4211.  When bank gives value for purposes of holder in due                course.        For purposes of determining its status as a holder in due     course, a bank has given value to the extent it has a security     interest in an item, if the bank otherwise complies with the     requirements of section 3302 (relating to holder in due course).     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 deleted section 4211 by amendment and     renumbered section 4209 to section 4211.        Cross References.  Section 4211 is referred to in section     5102 of this title.     § 4212.  Presentment by notice of item not payable by, through                or at a bank; liability of drawer or indorser.        (a)  Presentment by notice.--Unless otherwise instructed, a     collecting bank may present an item not payable by, through or     at a bank by sending to the party to accept or pay a written     notice that the bank holds the item for acceptance or payment.     The notice must be sent in time to be received on or before the     day when presentment is due and the bank must meet any     requirement of the party to accept or pay under section 3501     (relating to presentment) by the close of the next banking day     of the bank after it knows of the requirement.        (b)  Dishonor and notice to drawer or indorser.--If     presentment is made by notice and payment, acceptance or request     for compliance with a requirement under section 3501 is not     received by the close of business on the day after maturity or,     in the case of demand items, by the close of business on the     third banking day after notice was sent, the presenting bank may     treat the item as dishonored and charge any drawer or indorser     by sending it notice of the facts.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 amended and renumbered former section     4210 to present section 4212 and renumbered former section 4212     to present section 4214.     § 4213.  Medium and time of settlement by bank.        (a)  Certain rules regarding settlement by bank.--With     respect to settlement by a bank, the medium and time of     settlement may be prescribed by Federal Reserve regulations or     circulars, clearinghouse rules, and the like, or agreement. In     the absence of such prescription:            (1)  the medium of settlement is cash or credit to an        account in a Federal Reserve bank of or specified by the        person to receive settlement; and            (2)  the time of settlement is:                (i)  with respect to tender of settlement by cash, a            cashier's check or teller's check, when the cash or check            is sent or delivered;                (ii)  with respect to tender of settlement by credit            in an account in a Federal Reserve bank, when the credit            is made;                (iii)  with respect to tender of settlement by a            credit or debit to an account in a bank, when the credit            or debit is made or, in the case of tender of settlement            by authority to charge an account, when the authority is            sent or delivered; or                (iv)  with respect to tender of settlement by a funds            transfer, when payment is made pursuant to section            4A406(a) (relating to payment by originator to            beneficiary; discharge of underlying obligation) to the            person receiving settlement.        (b)  When settlement occurs under certain circumstances not     covered by subsection (a).--If the tender of settlement is not     by a medium authorized by subsection (a) or the time of     settlement is not fixed by subsection (a), no settlement occurs     until the tender of settlement is accepted by the person     receiving settlement.        (c)  Settlement by cashier's check or teller's check.--If     settlement for an item is made by cashier's check or teller's     check and the person receiving settlement, before its midnight     deadline:            (1)  presents or forwards the check for collection,        settlement is final when the check is finally paid; or            (2)  fails to present or forward the check for        collection, settlement is final at the midnight deadline of        the person receiving settlement.        (d)  Settlement by tender of authority to charge account of     bank making settlement in bank receiving settlement.--If     settlement for an item is made by giving authority to charge the     account of the bank giving settlement in the bank receiving     settlement, settlement is final when the charge is made by the     bank receiving settlement if there are funds available in the     account for the amount of the item.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 added present section 4213 and     renumbered former section 4213 to present section 4215.     § 4214.  Right of charge-back or refund; liability of collecting                bank; return of item.        (a)  Right of collecting bank to charge-back or refund.--If a     collecting bank has made provisional settlement with its     customer for an item and fails by reason of dishonor, suspension     of payments by a bank, or otherwise to receive settlement for     the item which is or becomes final, the bank may revoke the     settlement given by it, charge back the amount of any credit     given for the item to the account of its customer, or obtain     refund from its customer, whether or not it is able to return     the item, if by its midnight deadline or within a longer     reasonable time after it learns the facts it returns the item or     sends notification of the facts. If the return or notice is     delayed beyond the bank's midnight deadline or a longer     reasonable time after it learns the facts, the bank may revoke     the settlement, charge back the credit or obtain refund from its     customer, but it is liable for any loss resulting from the     delay. These rights to revoke, charge-back and obtain refund     terminate if and when a settlement for the item received by the     bank is or becomes final.        (b)  Return of item by collecting bank.--A collecting bank     returns an item when it is sent or delivered to the bank's     customer or transferor or pursuant to its instructions.        (c)  Right of depositary-payor bank to charge-back or     refund.--A depositary bank that is also the payor may charge-     back the amount of an item to the account of its customer or     obtain refund in accordance with the section governing return of     an item received by a payor bank for credit on its books     (section 4301).        (d)  Right of charge-back unaffected in certain cases.--The     right to charge-back is not affected by:            (1)  previous use of a credit given for the item; or            (2)  failure by any bank to exercise ordinary care with        respect to the item, but a bank so failing remains liable.        (e)  Effect of failure to charge-back or claim refund.--A     failure to charge-back or claim refund does not affect other     rights of the bank against the customer or any other party.        (f)  Credit in dollars for item payable in foreign money.--If     credit is given in dollars as the equivalent of the value of an     item payable in foreign money, the dollar amount of any charge-     back or refund must be calculated on the basis of the bank-     offered spot rate for the foreign money prevailing on the day     when the person entitled to the charge-back or refund learns     that it will not receive payment in ordinary course.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 amended and renumbered former section     4212 to present section 4214 and renumbered former section 4214     to present section 4216.     § 4215.  Final payment of item by payor bank; when provisional                debits and credits become final; when certain credits                become available for withdrawal.        (a)  When item is finally paid by payor bank.--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, clearinghouse rule or        agreement.            (3)  Made a provisional settlement for the item and        failed to revoke the settlement in the time and manner        permitted by statute, clearinghouse rule or agreement.        (b)  Effect of provisional settlement which does not become     final.--If provisional settlement for an item does not become     final, the item is not finally paid.        (c)  When provisional debits and credits become final.--If     provisional settlement for an item between the presenting and     payor banks is made through a clearinghouse 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 item by the payor bank.        (d)  Accountability of collecting bank to customer upon final     settlement.--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)  When credit becomes available for withdrawal.--Subject     to applicable law stating a time for availability of funds and     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; and            (2)  if the bank is both the depositary bank and the        payor bank and the item is finally paid, at the opening of        the second banking day of the bank following receipt of the        item.        (f)  When deposit of money becomes available for     withdrawal.--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 next     banking day of the bank after receipt of the deposit.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 amended and renumbered former section     4213 to present section 4215.        Cross References.  Section 4215 is referred to in section     3418 of this title.     § 4216.  Insolvency and preference.        (a)  Return of unpaid item by agent of closed bank.--If an     item is in or comes into the possession of a payor or collecting     bank that suspends payment and the item has not been finally     paid, the item must be returned by the receiver, trustee or     agent in charge of the closed bank to the presenting bank or the     customer of the closed bank.        (b)  Preferred claim against payor bank by owner of unsettled     item.--If a payor bank finally pays an item and suspends     payments without making a settlement for the item with its     customer or the presenting bank which settlement is or becomes     final, the owner of the item has preferred claim against the     payor bank.        (c)  Finality of provisional settlement by payor or     collecting bank unaffected.--If a payor bank gives or a     collecting bank gives or receives a provisional settlement for     an item and thereafter suspends payments, the suspension does     not prevent or interfere with the settlement's becoming final if     the finality occurs automatically upon the lapse of certain time     or the happening of certain events.        (d)  Preferred claim against collecting bank by owner of     unsettled item.--If a collecting bank receives from subsequent     parties settlement for an item, which settlement is or becomes     final and the bank suspends payments without making a settlement     for the item with its customer which settlement is or becomes     final, the owner of the item has a preferred claim against the     collecting bank.     (July 9, 1992, P.L.507, No.97, eff. one year)        1992 Amendment.  Act 97 amended and renumbered former section     4214 to present section 4216.