reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:4-103 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-103 Variation by agreement; measure of damages; action constituting ordinary care.

  §490:4-103 Variation by agreement; measure of damages; action constituting ordinary care. (a) The effect of the provisions of this article may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank's responsibility is to be measured if those standards are not manifestly unreasonable.  (b) Federal Reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under subsection (a), whether or not specifically assented to by all parties interested in items handled.  (c) Action or nonaction approved by this article or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this article, is prima facie the exercise of ordinary care.  (d) The specification or approval of certain procedures by this article is not disapproval of other procedures that may be reasonable under the circumstances.  (e) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence. [L 1965, c 208, §4-103; HRS §490:4-103; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-105 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-105 "Bank"; "depositary bank"; "payor bank"; "intermediary bank"; "collecting bank"; "presenting bank".

  §490:4-105 "Bank"; "depositary bank"; "payor bank"; "intermediary bank"; "collecting bank"; "presenting bank". In this article:  (1) "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company;  (2) "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter;  (3) "Payor bank" means a bank that is the drawee of a draft;  (4) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank;  (5) "Collecting bank" means a bank handling an item for collection, except the payor bank;  (6) "Presenting bank" means a bank presenting an item, except a payor bank. [L 1965, c 208, §4-105; HRS §490:4-105; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-106 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-106 Payable through or payable at bank; collecting bank.

  §490:4-106 Payable through or payable at bank; collecting bank. (a) If an item states that it is "payable through" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.  (b) If an item states that it is "payable at" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.  (c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank. [L 1991, c 118, pt of §4] Note  This section is new. Former §490:4-106 renumbered as §490:4-107.
HI Rev Stat § 490:4-107 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-107 Separate office of a bank.

  §490:4-107 Separate office of a bank. A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders must be given under this article and under article 3. [L 1965, c 208, §4-106; HRS §490:4-106; am and ren L 1991, c 118, pt of §4] Case Notes  Where defendant argued that although there is no case law directly on point, Hawaii's uniform commercial code suggests that the State treats bank branches as separate entities, district court predicted that the Hawaii supreme court would decline to adopt the separate entity rule in this case, and therefore concluded that plaintiff's service of writ of execution on the vice-president and manager of bank's legal and custody department in Honolulu was sufficient to garnish defendant's funds in the account defendant opened at the bank branch in American Samoa. 889 F. Supp. 2d 1244 (2012).
HI Rev Stat § 490:4-108 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-108 Time of receipt of items.

  §490:4-108 Time of receipt of items. (a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2:00 p.m. or later as a cut-off hour for the handling of money and items and the making of entries on its books.  (b) An item or deposit of money received on any day after a cut-off hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day. [L 1965, c 208, §4-107; HRS §490:4-107; am and ren L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-109 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-109 OLD REPEALED. §490:4-109 Delays.

  §490:4-109 OLD REPEALED. L 1991, c 118, pt of §4.   §490:4-109 Delays. (a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this chapter for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.  (b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this chapter or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require. [L 1965, c 208, §4-108; HRS §490:4-108; am and ren L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-110 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-110 Electronic presentment.

  §490:4-110 Electronic presentment. (a) "Agreement for electronic presentment" means an agreement, clearing-house rule, or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.  (b) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.  (c) If presentment is made by presentment notice, a reference to "item" or "check" in this article means the presentment notice unless the context otherwise indicates. [L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-111 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-111 Statute of limitations.

  §490:4-111 Statute of limitations. An action to enforce an obligation, duty, or right arising under this article must be commenced within three years after the cause of action accrues. [L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-201 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-201 Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed "pay any bank".

  §490:4-201 Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed "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 the 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 a bank to a person who is not a bank. [L 1965, c 208, §4-201; HRS §490:4-201; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-202 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-202 Responsibility for collection or return; when action timely.

  §490:4-202 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) 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 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. [L 1965, c 208, §4-202; HRS §490:4-202; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-203 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-203 Effect of instructions.

  §490:4-203 Effect of instructions. Subject to article 3 concerning conversion of instruments (section 490:3-420) and restrictive indorsements (section 490:3-206), 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. [L 1965, c 208, §4-203; HRS §490:4-203; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-204 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-204 Methods of sending and presenting; sending directly to payor bank.

  §490:4-204 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. [L 1965, c 208, §4-204; HRS §490:4-204; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-205 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-205 Depositary bank holder of unindorsed item.

  §490:4-205  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 490:3-302, 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. [L 1965, c 208, §4-205; HRS §490:4-205; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-206 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-206 Transfer between banks.

  §490:4-206 Transfer between banks. Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank. [L 1965, c 208, §4-206; HRS §490:4-206; am L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-207 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-207 Transfer warranties.

  §490:4-207 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 (section 490:3-305(a)) of any party that can be asserted against the warrantor;  (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; and  (6) If the item is a demand draft, creation of the item according to the terms on its face was authorized by the person identified as 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 490:3-115 and 490:3-407. 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) 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) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty 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 cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. [L 1965, c 208, §4-207; HRS §490:4-207; am L 1991, c 118, pt of §4; am L 1998, c 241, §5]
HI Rev Stat § 490:4-209 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-209 Encoding and retention warranties.

  §490:4-209 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. [L 1991, c 118, pt of §4] Note  This section is new. Former §490:4-209 renumbered as §490:4-211.
HI Rev Stat § 490:4-210 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-210 Security interest of collecting bank in items, accompanying documents and proceeds.

  §490:4-210 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, but:  (1) No security agreement is necessary to make the security interest enforceable (section 490:9-203(b)(3)(A));  (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. [L 1965, c 208, §4-208; HRS §490:4-208; am and ren L 1991, c 118, pt of §4; am L 2000, c 241, §20; am L 2004, c 163, §19]
HI Rev Stat § 490:4-211 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-211 OLD REPEALED. §490:4-211 When bank gives value for purposes of holder in due course.

  §490:4-211 OLD REPEALED. L 1991, c 118, pt of §4.   §490:4-211 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 490:3-302 on what constitutes a holder in due course. [L 1965, c 208, §4-209; HRS §490:4-209; am and ren L 1991, c 118, pt of §4]
HI Rev Stat § 490:4-212 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:4-212 Presentment by notice of item not payable by, through, or at a bank; liability of drawer or indorser.

  §490:4-212 Presentment by notice of item not payable by, through, or at a 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 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 490:3-501 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 490:3-501 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. [L 1965, c 208, §4-210; HRS §490:4-210; am and ren L 1991, c 118, pt of §4]