reglab/housing_qa huggingface dataset:
MT Code § 30-4-303 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 3. Collection of Items -- Payor Banks|30-4-303. When items subject to notice, stop order, legal process or setoff -- order in which items may be charged or certified

  30-4-303. When items subject to notice, stop order, legal process or setoff -- order in which items may be charged or certified. (1) Any knowledge, notice, or stop order received by, legal process served upon or setoff exercised by a payor bank, whether or not effective under other rules of law to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item, comes too late to so terminate, suspend, or modify such right or duty if the knowledge, notice, stop order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:   (a) the bank accepts or certifies the item;   (b) the bank pays the item in cash;   (c) the bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement;   (d) the bank becomes accountable for the amount of the item under 30-4-302 dealing with the payor bank's responsibility for late return of items; or   (e) with respect to checks, a cutoff hour no earlier than 1 hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.   (2) Subject to the provisions of subsection (1) items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.   History: En. Sec. 4-303, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-303; amd. Sec. 182, Ch. 410, L. 1991.
MT Code § 30-4-401 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 4. Relationship Between Payor Bank and Its Customer|30-4-401. When bank may charge customer's account

  30-4-401. When bank may charge customer's account. (1) 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 the bank.   (2) 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.   (3) 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 will be effective for the period stated in 30-4-403(2) for stop orders and must be received at a time and in a manner as to afford the bank a reasonable opportunity to act on it before any action by the bank with respect to the check described in 30-4-303. 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 of subsequent items pursuant to 30-4-402.   (4) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:   (a) the original terms of the altered item; or   (b) 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.   History: En. Sec. 4-401, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-401; amd. Sec. 183, Ch. 410, L. 1991.
MT Code § 30-4-402 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 4. Relationship Between Payor Bank and Its Customer|30-4-402. Bank's liability to customer for wrongful dishonor -- time of determining insufficiency of account

  30-4-402. Bank's liability to customer for wrongful dishonor -- time of determining insufficiency of account. (1) Except as otherwise provided in this chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.   (2) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.   (3) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one such determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.   History: En. Sec. 4-402, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-402; amd. Sec. 184, Ch. 410, L. 1991.
MT Code § 30-4-403 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 4. Relationship Between Payor Bank and Its Customer|30-4-403. Customer's right to stop payment -- burden of proof of loss

  30-4-403. Customer's right to stop payment -- burden of proof of loss. (1) Subject to 27-1-717, a customer or any person authorized to draw on the account if there is more than one may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty and received by the bank at a time and in a manner as to afford the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in 30-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.   (2) A stop order is effective for 6 months after the time it is received, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop order may be renewed for additional 6-month periods by a writing given to the bank within a period during which the stop order is effective.   (3) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a binding stop payment order or order to close an account is on the customer. The loss from payment of an item contrary to a binding stop payment order may include damages for dishonor of subsequent items pursuant to 30-4-402.   History: En. Sec. 4-403, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-403; amd. Sec. 2, Ch. 557, L. 1985; amd. Sec. 185, Ch. 410, L. 1991.
MT Code § 30-4-404 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 4. Relationship Between Payor Bank and Its Customer|30-4-404. Bank not obligated to pay check more than 6 months old

  30-4-404. Bank not obligated to pay check more than 6 months old. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than 6 months after its date, but it may charge its customer's account for a payment made thereafter in good faith.   History: En. Sec. 4-404, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-404.
MT Code § 30-4-405 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 4. Relationship Between Payor Bank and Its Customer|30-4-405. Death or incompetence of customer

  30-4-405. Death or incompetence of customer. (1) A payor or collecting bank's authority to accept, pay or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes such authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.   (2) Even with knowledge a bank may for 10 days after the date of death pay or certify checks drawn on or prior to that date unless ordered to stop payment by a person claiming an interest in the account.   History: En. Sec. 4-405, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-405.
MT Code § 30-4-407 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 4. Relationship Between Payor Bank and Its Customer|30-4-407. Payor bank's right to subrogation on improper payment

  30-4-407. Payor bank's right to subrogation on improper payment. If a payor bank has paid an item over the stop payment order of the drawer or maker, after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank shall be subrogated to the rights:   (1) of any holder in due course on the item against the drawer or maker; and   (2) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and   (3) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.   History: En. Sec. 4-407, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-407; amd. Sec. 187, Ch. 410, L. 1991.
MT Code § 30-4-501 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 5. Collection of Documentary Drafts|30-4-501. Handling of documentary drafts -- duty to send for presentment and to notify customer of dishonor

  30-4-501. Handling of documentary drafts -- duty to send for presentment and to notify customer of dishonor. A bank which takes a documentary draft for collection must present or send the draft and accompanying documents for presentment and upon learning that the draft has not been paid or accepted in due course must seasonably notify its customer of such fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.   History: En. Sec. 4-501, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-501.
MT Code § 30-4-502 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 5. Collection of Documentary Drafts|30-4-502. Presentment of "on arrival" drafts

  30-4-502. Presentment of "on arrival" drafts. When a draft or the relevant instructions require presentment "on arrival", "when goods arrive" or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of such refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.   History: En. Sec. 4-502, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-502.
MT Code § 30-4-503 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 5. Collection of Documentary Drafts|30-4-503. Responsibility of presenting bank for documents and goods -- report of reasons for dishonor -- referee in case of need

  30-4-503. Responsibility of presenting bank for documents and goods -- report of reasons for dishonor -- referee in case of need. (1) Unless otherwise instructed and except as provided in chapter 5, a bank presenting a documentary draft:   (a) shall deliver the documents to the drawee on acceptance of the draft if it is payable more than 3 days after presentment; otherwise, only on payment; and   (b) upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or if the presenting bank does not choose to utilize the referee's services, it shall use diligence and good faith to ascertain the reason for dishonor, shall notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and shall request instructions.   (2) The presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.   History: En. Sec. 4-503, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-503; amd. Sec. 188, Ch. 410, L. 1991.
MT Code § 30-4-504 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4. Uniform Commercial Code Bank Deposits and Collections|Part 5. Collection of Documentary Drafts|30-4-504. Privilege of presenting bank to deal with goods -- security interest for expenses

  30-4-504. Privilege of presenting bank to deal with goods -- security interest for expenses. (1) A presenting bank which, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.   (2) For its reasonable expenses incurred by action under subsection (1) the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien.   History: En. Sec. 4-504, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-504.
MT Code § 30-4A-101 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-101. Short title

  30-4A-101. Short title. This chapter may be cited as Uniform Commercial Code--Funds Transfers.   History: En. Sec. 189, Ch. 410, L. 1991.
MT Code § 30-4A-102 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-102. Subject matter

  30-4A-102. Subject matter. Except as otherwise provided in 30-4A-108, this chapter applies to funds transfers defined in 30-4A-104.   History: En. Sec. 190, Ch. 410, L. 1991.
MT Code § 30-4A-103 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-103. Payment order -- definitions

  30-4A-103. Payment order -- definitions. (1) In this chapter, the following definitions apply:   (a) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:   (i) the instruction does not state a condition to payment to the beneficiary other than time of payment;   (ii) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and   (iii) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.   (b) "Beneficiary" means the person to be paid by the beneficiary's bank.   (c) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or that otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.   (d) "Receiving bank" means the bank to which the sender's instruction is addressed.   (e) "Sender" means the person giving the instruction to the receiving bank.   (2) If an instruction complying with subsection (1)(a) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.   (3) A payment order is issued when it is sent to the receiving bank.   History: En. Sec. 191, Ch. 410, L. 1991.
MT Code § 30-4A-104 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-104. Funds transfer -- definitions

  30-4A-104. Funds transfer -- definitions. In this chapter, the following definitions apply:   (1) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.   (2) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.   (3) "Originator" means the sender of the first payment order in a funds transfer.   (4) "Originator's bank" means:   (a) the receiving bank to which the payment order of the originator is issued if the originator is not a bank; or   (b) the originator if the originator is a bank.   History: En. Sec. 192, Ch. 410, L. 1991.
MT Code § 30-4A-105 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-105. Other definitions

  30-4A-105. Other definitions. (1) In this chapter, the following definitions apply:   (a) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.   (b) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this chapter.   (c) "Customer" means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.   (d) "Funds-transfer business day" of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.   (e) "Funds-transfer system" means a wire transfer network, automated clearinghouse, or other communication system of a clearinghouse or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.   (f) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.   (g) "Prove", with respect to a fact, means to meet the burden of establishing the fact (30-1-201(2)(i)).   (2) Other definitions applying to this chapter and the sections in which they appear are:   "Acceptance". 30-4A-209.   "Beneficiary". 30-4A-103.   "Beneficiary's bank". 30-4A-103.   "Executed". 30-4A-301.   "Execution date". 30-4A-301.   "Funds transfer". 30-4A-104.   "Funds-transfer system rule". 30-4A-501.   "Intermediary bank". 30-4A-104.   "Originator". 30-4A-104.   "Originator's bank". 30-4A-104.   "Payment by beneficiary's bank to beneficiary". 30-4A-405.   "Payment by originator to beneficiary". 30-4A-406.   "Payment by sender to receiving bank". 30-4A-403.   "Payment date". 30-4A-401.   "Payment order". 30-4A-103.   "Receiving bank". 30-4A-103.   "Security procedure". 30-4A-201.   "Sender". 30-4A-103.   (3) The following definitions in chapter 4 apply to this chapter:   "Clearinghouse". 30-4-104.   "Item". 30-4-104.   "Suspends payments". 30-4-104.   (4) In addition, chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.   History: En. Sec. 193, Ch. 410, L. 1991; amd. Sec. 32, Ch. 575, L. 2005.
MT Code § 30-4A-106 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-106. Time payment order is received

  30-4A-106. Time payment order is received. (1) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in 30-1-210. A receiving bank may fix a cutoff time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cutoff times may apply to payment orders, cancellations, or amendments or to different categories of payment orders, cancellations, or amendments. A cutoff time may apply to senders generally or different cutoff times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cutoff time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.   (2) If this chapter refers to an execution date or payment date or state a day on which a receiving bank is required to take action and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this chapter.   History: En. Sec. 194, Ch. 410, L. 1991; amd. Sec. 33, Ch. 575, L. 2005.
MT Code § 30-4A-107 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 4A. Uniform Commercial Code Funds Transfers|Part 1. Subject Matter and Definitions|30-4A-107. Federal reserve regulations and operating circulars

  30-4A-107. Federal reserve regulations and operating circulars. Regulations of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of this chapter to the extent of the inconsistency.   History: En. Sec. 195, Ch. 410, L. 1991.