reglab/housing_qa huggingface dataset:
12A OK Stat § 12A-4-201 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-201. Status of Collecting Bank as Agent and Provisional Status of Credits; Applicability of Article; Item Endorsed "Pay Any Bank".

|STATUS OF COLLECTING |BANK AS AGENT AND PROVISIONAL STATUS OF CREDITS;APPLICABILITY OF ARTICLE; ITEM ENDORSED "PAY ANY BANK"(a) 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 subagent 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of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such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 article apply even though action of parties clearly establishes that a particular bank has purchased the item and is the owner of it.(b) 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 bank to a person who is not a bank.Laws 1961, p. 123, § 4-201; Laws 1991, c. 117, § 105, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-202 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-202. Responsibility for Collection or Return; When Action Timely.

|RESPONSIBILITY FOR COLLECTION |OR RETURN; WHEN ACTION TIMELY(a) 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 bank's transferor 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) A collecting bank exercises ordinary care under subsection (a) of this section 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) Subject to paragraph (1) of subsection (a) of this section, 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.Laws 1961, p. 123, § 4-202; Laws 1991, c. 117, § 106, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-203 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-203. Effect of Instructions.

|EFFECT OF INSTRUCTIONS |Subject to Article 3 of this title concerning conversion of instruments (Section 3-420 of this title) and restrictive indorsements (Section 3-206 of this title), 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.Laws 1961, p. 124, § 4-203; Laws 1991, c. 117, § 107, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-204 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-204. Methods of Sending and Presenting; Sending Directly to Payor Bank.

|METHODS OF SENDING AND PRESENTING; |SENDING DIRECTLY TO PAYOR BANK(a) 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) 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, clearing-house rule, or the like.(c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.Laws 1961, p. 124, § 4-204; Laws 1991, c. 117, § 108, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-205 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-205. Depositary Bank Holder of Unindorsed Item.

|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 3-302 of this title, 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.Laws 1961, p. 124, § 4-205; Laws 1991, c. 117, § 109, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-206 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-206. Transfer Between Banks.

|TRANSFER BETWEEN BANKS |Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.Laws 1961, p. 124, § 4-206; Laws 1991, c. 117, § 110, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-207 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-207. Transfer Warranties.

|TRANSFER WARRANTIES |(a) 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 (subsection (a) of Section 3-305 of this title) 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) 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 (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in Sections 3-115 and 3-407 of this title. 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) A person to whom the warranties under subsection (a) of this section 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) The warranties stated in subsection (a) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty (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) A claim for relief for breach of warranty under this section accrues when the claimant has reason to know of the breach.Laws 1961, p. 124, § 4-207; Laws 1991, c. 117, § 111, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-209 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-209. Encoding and Retention Warranties.

|ENCODING AND RETENTION WARRANTIES |(a) 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) 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) 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.Laws 1961, p. 126, § 4-209; Laws 1991, c. 117, § 113, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-210 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-210. Security interest of collecting bank in items, accompanying documents and proceeds.

|SECURITY INTEREST OF COLLECTING BANK IN ITEMS, |ACCOMPANYING DOCUMENTS AND PROCEEDS(a) 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) 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) 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 Article 9 of this title, but:(1) No security agreement is necessary to make the security interest enforceable (subparagraph (A) of paragraph (3) of subsection (b) of Section 1-9-203 of this title);(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.Added by Laws 1961, p. 126, § 4-210. Amended by Laws 1991, c. 117, § 114, eff. Jan. 1, 1992; Laws 2000, c. 371, § 157, eff. July 1, 2001; Laws 2005, c. 140, § 57, eff. Jan. 1, 2006.
12A OK Stat § 12A-4-211 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-211. When Bank Gives Value for Purposes of Holder In Due Course.

|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 3-302 of this title on what constitutes a holder in due course.Laws 1961, p. 126, § 4-211; Laws 1991, c. 117, § 115, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-212 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-212. Presentment by Notice of Item Not Payable By, Through, or At Bank; Liability of Drawer or Indorser.

|PRESENTMENT BY NOTICE OF ITEM NOT PAYABLE BY, THROUGH, OR AT BANK; |LIABILITY OF DRAWER OR INDORSER(a) 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 record providing 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 3-501 of this title by the close of the bank's next banking day after it knows of the requirement.(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under Section 3-501 of this title 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.Added by Laws 1961, p. 127, § 4-212. Amended by Laws 1991, c. 117, § 116, eff. Jan. 1, 1992; Laws 2009, c. 208, § 16, eff. Nov. 1, 2009.NOTE: Laws 2008, c. 382, § 16 was held unconstitutional by the Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 208, § 22, eff. Nov. 1, 2009.
12A OK Stat § 12A-4-213 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-213. Medium and Time of Settlement by Bank.

|MEDIUM AND TIME OF SETTLEMENT BY BANK |(a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house 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 subsection (a) of Section 4A-406 of this title to the person receiving settlement.(b) If the tender of settlement is not by a medium authorized by subsection (a) of this section or the time of settlement is not fixed by subsection (a) of this section, no settlement occurs until the tender or settlement is accepted by the person receiving settlement.(c) 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) 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 make by the bank receiving settlement if there are funds available in the account for the amount of the item.Laws 1961, p. 127, § 4-213; Laws 1991, c. 117, § 117, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-214 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item.

|RIGHT OF CHARGE-BACK OR REFUND; |LIABILITY OF COLLECTING BANK; RETURN OF ITEM(a) 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 its customer's account, 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) 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) A depositary bank that is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (Section 4-301 of this title).(d) 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) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.(f) 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.Laws 1961, p. 128, § 4-214; Laws 1991, c. 117, § 118, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-215 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-215. Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal.

|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.Added by Laws 1991, c. 117, § 119, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-216 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-216. Insolvency and Preference.

|INSOLVENCY AND PREFERENCE |(a) 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 closed bank's customer.(b) 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 a preferred claim against the payor bank.(c) 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) 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.Added by Laws 1991, c. 117, § 120, eff. Jan. 1, 1992.
12A OK Stat § 12A-4-301 (2021)
2021 Oklahoma Statutes|Title 12A. Commercial Code|§12A-4-301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank.

|DEFERRED POSTING; RECOVERY OF PAYMENT BY RETURN OF ITEMS; |TIME OF DISHONOR; RETURN OF ITEMS BY PAYOR BANK(a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:(1)Returns the item;(2)Returns an image of the item, if the party to which the return is made has entered into an agreement to accept an image as a return of the item and the image is returned in accordance with that agreement; or(3)Sends a record providing notice of dishonor or nonpayment if the item is unavailable for return.(b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a) of this section.(c) Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.(d) An item is returned:(1)As to an item presented through a clearing-house, when it is delivered to the presenting or last collecting bank or to the clearing-house or is sent or delivered in accordance with clearing-house rules; or(2)In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.Added by Laws 1961, p. 128, § 4-301. Amended by Laws 1991, c. 117, § 121, eff. Jan. 1, 1992; Laws 2009, c. 208, § 17, eff. Nov. 1, 2009.NOTE: Laws 2008, c. 382, § 17 was held unconstitutional by the Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 208, § 22, eff. Nov. 1, 2009.