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WV Code § 46-4-301 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank

§46-4-301. 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; or(2) Sends written 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books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a).(c) Unless previous notice of dishonor has been sent an item is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.
WV Code § 46-4-302 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-302. Payor Bank's Responsibility for Late Return of Item

(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:(1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or(2) Any other properly payable item unless within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of a presentment warranty (section 4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
WV Code § 46-4-303 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified

(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late 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 if the knowledge, notice, stop-payment 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:(1) The bank accepts or certifies the item;(2) The bank pays the item in cash;(3) The bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule or agreement;(4) The bank becomes accountable for the amount of the item under section 4-302 dealing with the payor bank's responsibility for late return of items; or(5) With respect to checks, a cutoff hour no earlier than one 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 next 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.(b) Subject to subsection (a) items may be accepted, paid, certified or charged to the indicated account of its customer in any order.
WV Code § 46-4-401 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-401. When Bank May Charge Customer's Account

§46-4-401. 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 section 4-403(b) 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. A bank shall accept nine such notices each year for each account without charge for acceptance of the notice or monitoring for the postdated check. 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 under section 4-402.(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.
WV Code § 46-4-402 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-402. Bank's Liability to Customer for Wrongful Dishonor; Time of Determining Insufficiency of Account

(a) Except as otherwise provided in this article, 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.(b) 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.(c) 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 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.
WV Code § 46-4-403 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-403. Customer's Right to Stop Payment; Burden of Proof of Loss

(a) A customer or any person authorized to draw on the account if there is more than one person 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 received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 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.(b) A stop-payment order is effective for six months, but it lapses after fourteen calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective.(c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under section 4-402.
WV Code § 46-4-404 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-404. Bank Not Obligated to Pay Check More Than Six 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 six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.
WV Code § 46-4-405 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-405. Death or Incompetence of Customer

(a) 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 the 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.(b) Even with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
WV Code § 46-4-407 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-407. Payor Bank's Right to Subrogation on Improper Payment

If a payor bank has paid an item over the order of the drawer or maker to stop payment, or 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 is subrogated to the rights:(1) Of any holder in due course on the item against the drawer or maker; (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.
WV Code § 46-4-501 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor

§46-4-501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.A bank that takes a documentary draft for collection shall 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, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.
WV Code § 46-4-502 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-502. Presentment of &Quoton Arrival" Drafts

If 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 the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.
WV Code § 46-4-503 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need

Unless otherwise instructed and except as provided in article five a bank presenting a documentary draft:(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and(2) 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 must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions.However, 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.
WV Code § 46-4-504 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4. Bank Deposits and Collections|§46-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses

(a) A presenting bank that, 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.(b) For its reasonable expenses incurred by action under subsection (a), 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.
WV Code § 46-4A-101 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A-101. Short Title

§46-4A-101. Short title.This article may be cited as Uniform Commercial Code - Funds Transfer.
WV Code § 46-4A-102 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A-102. Subject Matter

Except as otherwise provided in section one hundred eight of this article, this article applies to funds transfers defined in section one hundred four of this article.
WV Code § 46-4A-103 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A-103. Payment Order -- Definitions

(a) In this article:(1) "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:(A) The instruction does not state a condition to payment to the beneficiary other than time of payment;(B) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and(C) 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.(2) "Beneficiary" means the person to be paid by the beneficiary's bank.(3) "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 which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.(4) "Receiving bank" means the bank to which the sender's instruction is addressed.(5) "Sender" means the person giving the instruction to the receiving bank.(b) If an instruction complying with subdivision (1), subsection (a) of this section is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.(c) A payment order is issued when it is sent to the receiving bank.
WV Code § 46-4A-104 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A-104. Funds Transfer -- Definitions

In this article:(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.
WV Code § 46-4A–105 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A–105. Other Definitions

(a) In this article:(1) "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.(2) "Banker" 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 article.(3) "Customer" means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.(4) "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.(5) "Funds-transfer system" means a wire transfer network, automated clearing house or other communication system of a clearing house 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.(6) [reserved](7) "Prove" with respect to a fact means to meet the burden of establishing the fact (section 1–201(b)(8)).(b) Other definitions applying to this article and the sections in which they appear are:(1) "Acceptance", §46-4A-209.(2) "Beneficiary", §46-4A-103.(3) "Beneficiary's bank", §46-4A-103.(4) "Executed", §46-4A-301.(5) "Execution date", §46-4A-301.(6) "Funds transfer", §46-4A-104.(7) "Funds-transfer system rule", §46-4A-501.(8) "Intermediary bank", §46-4A-104.(9) "Originator", §46-4A-104.(10) "Originator's bank", §46-4A-104.(11) "Payment by beneficiary's bank to beneficiary", §46-4A-405.(12) "Payment by originator to beneficiary", §46-4A-406.(13) "Payment by sender to receiving bank", §46-4A-403.(14) "Payment date", §46-4A-401.(15) "Payment order", §46-4A-103.(16) "Receiving bank", §46-4A-103.(17) "Security procedure", §46-4A-201.(18) "Sender", §46-4A-103.(c) The following definitions in article four of this chapter apply to this article:(1) "Clearing house", §46-4-104.(2) "Item", §46-4-104.(3) "Suspends payments", §46-4-104.(d) In addition, article one of this chapter contains general definitions and principles of construction and interpretation applicable throughout this article.
WV Code § 46-4A–106 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A–106. Time Payment Order Is Received

(a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in section 1-202. A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication cancelling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off 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.(b) If this article refers to an execution date or payment date or states 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 article.
WV Code § 46-4A-107 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A-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 article to the extent of the inconsistency.
WV Code § 46-4A-108 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 4A. Funds Transfers|§46-4A-108. Relationship to Electronic Fund Transfer Act

(a) Except as provided in subsection (b) of this section, this article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U. S. C.§1693, et seq.) as amended from time to time.(b) This article applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (15 U. S. C.§1693o-1) as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act (15 U. S. C.§1693a) as amended from time to time.(c) In a funds transfer to which this article applies, in the event of an inconsistency between an applicable provision of this article and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.