reglab/housing_qa huggingface dataset:
AK Stat § 45.03.505 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 5. Presentment, Notice of Dishonor, and Protest.|Sec. 45.03.505. Evidence of dishonor.

(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated: (1) a document regular in form as provided in (b) of this section that purports to be a protest; (2) a purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; or (3) a book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business, that shows dishonor, even if there is no evidence of who made the entry. (b) A protest is a certificate of dishonor made by a United States consul or vice-consul or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. The protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
AK Stat § 45.03.601 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 6. Discharge.|Sec. 45.03.601. Discharge and effect of discharge.

(a) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party that would discharge an obligation to pay money under a simple contract. (b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
AK Stat § 45.03.602 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 6. Discharge.|Sec. 45.03.602. Payment.

(a) Subject to (b) of this section, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument and to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under AS 45.03.306 by another person. (b) The obligation of a party to pay the instrument is not discharged under (a) of this section if (1) a claim to the instrument under AS 45.03.306 is enforceable against the party receiving payment and (A) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or (B) in the case of an instrument other than a cashier's check, teller's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or (2) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.
AK Stat § 45.03.603 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 6. Discharge.|Sec. 45.03.603. Tender of payment.

(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. (b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
AK Stat § 45.03.604 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 03. Negotiable Instruments|Article 6. Discharge.|Sec. 45.03.604. Discharge by cancellation or renunciation.

(a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (1) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge; or (2) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing. (b) Cancellation or striking out of an endorsement under (a) of this section does not affect the status and rights of a party derived from the endorsement.
AK Stat § 45.04.101 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.101. Short title.

This chapter may be cited as Uniform Commercial Code - Bank Deposits and Collections.
AK Stat § 45.04.102 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.102. Applicability.

(a) To the extent that items within this chapter are also within AS 45.03 and 45.08, they are subject to those chapters. If there is conflict, this chapter governs AS 45.03, but AS 45.08 governs this chapter. (b) The liability of a bank for action or nonaction with respect to an item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
AK Stat § 45.04.103 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.103. Variation by agreement; measure of damages; certain action constituting ordinary care.

(a) The effect of this chapter may be varied by agreement, but the parties to the agreement may not 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 the standards are not manifestly unreasonable. (b) Federal Reserve regulations and operating circulars, clearinghouse rules, and the like have the effect of agreements under (a) of this section, whether or not specifically assented to by all parties interested in items handled. (c) Action or nonaction approved by this chapter or under Federal Reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearinghouse rules and the like or with a general banking usage not disapproved by this chapter is prima facie the exercise of ordinary care. (d) The specification or approval of certain procedures by this chapter 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, and if there is also bad faith it includes any other damages the party suffered as a proximate consequence.
AK Stat § 45.04.105 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.105. “Bank”; “depositary bank”; “intermediary bank”; “collecting bank”; “payor bank”; “presenting bank.”

In this chapter, (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) “collecting bank” means a bank handling an item for collection except the payor bank; (3) “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; (4) “intermediary bank” means a bank to which an item is transferred in course of collection except the depositary or payor bank; (5) “payor bank” means a bank that is the drawee of a draft; (6) “presenting bank” means a bank presenting an item except a payor bank.
AK Stat § 45.04.106 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.106. Payable through or payable at bank; collecting bank.

(a) If an item states that it is “payable through” a bank identified in the item, the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and 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, the item is equivalent to a draft drawn on 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.
AK Stat § 45.04.107 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.107. 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 chapter and under AS 45.03.
AK Stat § 45.04.108 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.108. Time of receipt of items.

(a) To allow 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 two o'clock in the afternoon or later as a cutoff hour for the handling of money and items and the making of entries on the books of the bank. (b) An item or deposit of money received on a day after a cutoff hour so fixed or after the close of the banking day may be treated as received at the opening of the next banking day.
AK Stat § 45.04.109 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.109. 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 a person involved, may waive, modify, or extend time limits imposed or permitted by the code for a period not exceeding two additional banking days without discharge of drawers or endorsers 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 the code or by instructions is excused if 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 if the bank exercises the diligence circumstances require.
AK Stat § 45.04.110 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.110. Electronic presentment.

(a) “Agreement for electronic presentment” means an agreement, clearinghouse 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, a “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 under 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 chapter means the presentment notice unless the context otherwise indicates.
AK Stat § 45.04.111 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 1. General Provisions and Definitions.|Sec. 45.04.111. Statute of limitations.

An action to enforce an obligation, duty, or right arising under this chapter must be commenced within three years after the cause of action accrues.
AK Stat § 45.04.201 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.201. Status of collecting bank as agent and provisional status of credits; applicability; item endorsed “pay any bank”.

(a) Unless a contrary intent clearly appears and before a settlement given by a collecting bank for an item becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item and a settlement given for the item is provisional. This provision applies regardless of the form of endorsement or lack of endorsement 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 the 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 chapter 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 endorsed 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 endorsed by a bank to a person who is not a bank.
AK Stat § 45.04.202 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.202. 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 a loss or delay in transit within a reasonable time after discovery of the loss or delay. (b) A collecting bank exercises ordinary care under (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 (a)(1) 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.
AK Stat § 45.04.203 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.203. Effect of instructions.

Subject to the provisions concerning conversion of instruments (AS 45.03.420) and restrictive endorsements (AS 45.03.206), 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 an action taken under these instructions or in accordance with an agreement with its transferor.
AK Stat § 45.04.204 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.204. 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 the items on hand, the cost of collection involved, and the method generally used by it or others to present the items. (b) A collecting bank may send an item (1) directly to the payor bank; (2) to a nonbank payor if authorized by its transferor; and (3) other than documentary drafts to a nonbank payor, if authorized by federal reserve regulation or operating circular, clearinghouse 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.
AK Stat § 45.04.205 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.205. Depositary bank holder of unendorsed 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 endorses the item, and, if the bank satisfies the other requirements of AS 45.03.302, 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.
AK Stat § 45.04.206 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.206. Transfer between banks.

Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.
AK Stat § 45.04.207 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.207. 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 under AS 45.03.305(a) of any party that can be asserted against the warrantor; and (5) the warrantor does not have 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 according to the terms of the item at the time it was transferred, or, if the transfer was of an incomplete item, according to its terms when completed as stated in AS 45.03.115 and 45.03.407. 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 endorsement stating that it is made “without recourse” or otherwise disclaiming liability. (c) A person to whom the warranties under (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 (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 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 cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
AK Stat § 45.04.209 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 04. Bank Deposits and Collections|Article 2. Collection of Items: Depositary and Collecting Banks.|Sec. 45.04.209. 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.